DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Iron Mountain Australia Group Services Pty Ltd
(AG2017/4142)

IRON MOUNTAIN VICTORIA (PORT MELBOURNE & DANDENONG) ENTERPRISE AGREEMENT 2017

Storage services
DEPUTY PRESIDENT MASSON	MELBOURNE, 21 NOVEMBER 2017

Application for approval of the Iron Mountain Victoria (Port Melbourne & Dandenong) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Iron Mountain Victoria (Port Melbourne & Dandenong) Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Iron Mountain Australia Group Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The National Union of Workers being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 November 2017. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Iron Mountain Australia Group Services Pty Ltd was the applicant seeking approval of the Iron Mountain Victoria (Port Melbourne & Dandenong) Enterprise Agreement 2017. The dispute was heard in the Fair Work Commission, with the primary focus being on whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The matter involved the assessment of the agreement's provisions concerning employee entitlements, wages, and other conditions of employment.

The legal issues before the Commission included whether the agreement complied with the requirements of the Fair Work Act, particularly sections 233 and 234, which mandate that enterprise agreements must be in writing, provide for fair and reasonable terms, and not adversely affect the safety of any person. Additionally, the Commission had to determine if the agreement appropriately balanced the interests of both the employees and the employer, ensuring it was not adversely affecting employees' rights or conditions.

In delivering its decision, the Fair Work Commission emphasised the need for enterprise agreements to adhere to the statutory framework provided by the Fair Work Act. The Commission found that the agreement in question sufficiently addressed the necessary terms and conditions, including those relating to pay rates, hours of work, and other employment standards. It was noted that the agreement provided for fair and reasonable terms and did not negatively impact the safety of any employees. Furthermore, the Commission was satisfied that the agreement appropriately balanced the interests of both parties and did not adversely affect employees' rights or conditions.

Consequently, the Fair Work Commission approved the Iron Mountain Victoria (Port Melbourne & Dandenong) Enterprise Agreement 2017, thereby allowing it to be registered and enforceable under the Fair Work Act.

Iron Mountain Australia Group Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established