DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Iron Mountain Australia Group Services Pty Ltd
(AG2016/7179)

IRON MOUNTAIN AUSTRALIA GROUP SERVICES PTY LTD ACT- ENTERPRISE AGREEMENT 2016

Australian Capital Territory
COMMISSIONER GREGORY	MELBOURNE, 13 JANUARY 2017

Application for approval of the Iron Mountain Australia Group Services Pty Ltd ACT - 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 ACT - 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] 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 January 2017. The nominal expiry date of the Agreement is 31 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Iron Mountain Australia Group Services Pty Ltd, sought approval of the Enterprise Agreement 2016 under the Fair Work Act 2009. The dispute arose due to objections from the Transport Workers Union of Australia, which raised concerns about the terms of the agreement. The matter was heard by the Fair Work Commission.

The central legal issues before the Commission were whether the agreement met the statutory requirements of the Fair Work Act and if it was appropriate to approve the agreement despite the union's objections. The objections primarily centred around specific clauses regarding employee entitlements and the classification of certain roles within the company. The Commission had to determine whether the agreement was fair and balanced, taking into account the rights and interests of the employees, as well as the legitimate operational needs of the employer.

The Fair Work Commission carefully examined the evidence presented by both parties. It considered the overall fairness of the agreement and the implications of the disputed clauses. The Commission found that the agreement, while not perfect, was fair and reasonable in all the circumstances. The objections raised by the union did not sufficiently undermine the agreement to warrant refusal of approval. The Commission concluded that the agreement appropriately balanced the interests of both the employer and the employees.

The Fair Work Commission approved the Enterprise Agreement 2016, subject to the conditions outlined in the decision. The decision was made on the basis that the agreement met the requirements of the Fair Work Act and that it was fair and reasonable in the context of the parties' respective positions. The approval was contingent upon the company's adherence to the terms of the agreement, which was now legally binding for the specified period.

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