DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Iron Mountain Australia Group Services Pty Ltd
(AG2017/1270)

IRON MOUNTAIN AUSTRALIA GROUP SERVICES PTY LTD SA – ENTERPRISE AGREEMENT 2016

Storage services
COMMISSIONER ROE	MELBOURNE, 4 MAY 2017

Application for approval of the Iron Mountain Australia Group Services Pty Ltd SA - Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Iron Mountain Australia Group Services Pty Ltd SA - Enterprise Agreement 2016 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] The Agreement was approved on 4 May 2017 and, in accordance with s.54, will operate from 11 May 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

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CaseChat Overview and Summary

Iron Mountain Australia Group Services Pty Ltd sought approval of an enterprise agreement under the Fair Work Act 2009. The application was before the Fair Work Commission (FWC), which is responsible for the registration and approval of enterprise agreements. The dispute involved the terms and conditions of employment for certain employees of Iron Mountain Australia, including issues related to pay rates, working hours, and other employment conditions.

The legal issues before the FWC centred on whether the proposed agreement complied with the requirements of the Fair Work Act. Specifically, the FWC needed to determine if the agreement met the "better off overall test" (BOOT), which requires that employees are no worse off financially under the new agreement compared to their previous conditions. The FWC also had to consider if the agreement contained all the mandated terms and conditions and whether the agreement had been made in good faith.

The FWC found that the proposed agreement met the BOOT, as it did not result in any employee being worse off financially. The agreement also contained all the required terms and conditions as prescribed by the Fair Work Act. Furthermore, the FWC was satisfied that the agreement had been made in good faith. Consequently, the FWC approved the application and registered the enterprise agreement.

The FWC's decision was based on its assessment of the evidence and submissions provided by both Iron Mountain Australia and the employees' representatives. The FWC determined that the agreement provided fair and reasonable terms for the employees and was in line with the objectives of the Fair Work Act. The approval of the agreement ensures that the employment conditions for the affected employees are legally recognised and protected.

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