DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Iron Mountain Australia Group Services Pty Ltd
(AG2017/4116)

IRON MOUTAIN AUSTRALIA GROUP SERVICES PTY LTD (SUNSHINE) AND NUW (VIC) ENTERPRISE AGREEMENTS 2017

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DEPUTY PRESIDENT COLMAN	MELBOURNE, 10 NOVEMBER 2017

Application for approval of the Iron Mountain Australia Group Services Pty Ltd (Sunshine) and NUW (VIC) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Iron Mountain Australia Group Services Pty Ltd (Sunshine) and NUW (VIC) 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 10 November 2017 and, in accordance with s.54, will operate from 17 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

The case involves Iron Mountain Australia Group Services Pty Ltd and the National Union of Workers. The dispute concerns the approval of the Iron Mountain Australia Group Services Pty Ltd (Sunshine) and NUW (VIC) Enterprise Agreement 2017. The matter was heard in the Fair Work Commission.

The central legal issue was whether the application for approval of the enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the court had to determine if the agreement had been genuinely negotiated and if it met the criteria for approval as set out in the legislation.

The Fair Work Commission examined the negotiation process and the content of the agreement. It found that the agreement had been genuinely negotiated between the employer and the union, and that it met the statutory requirements for approval. The Commission was satisfied that the agreement contained the necessary minimum terms and conditions, and that it did not disadvantage employees in a way that was not in their best interests.

As a result, the Commission approved the enterprise agreement. The final orders included the approval of the Iron Mountain Australia Group Services Pty Ltd (Sunshine) and NUW (VIC) Enterprise Agreement 2017, effective from the date of the decision.

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