Iron Mountain Australia Group Services Pty Ltd Summary

[2023] FWCA 1559

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Iron Mountain Australia Group Services Pty Ltd

(AG2023/1478)

IRON MOUNTAIN AUSTRALIA GROUP SERVICES PTY LTD SA - ENTERPRISE AGREEMENT 2022

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COMMISSIONER DURHAM	BRISBANE, 31 MAY 2023

Application for approval of the Iron Mountain Australia Group Services Pty Ltd SA - Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Iron Mountain Australia Group Services Pty Ltd SA - Enterprise Agreement 2022 (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 Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The United Workers’ Union (UWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the UWU.

The Agreement is approved and will operate on the first full pay period to commence seven days after approval. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

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CaseChat Overview and Summary

The Fair Work Commission considered an application for approval of the Iron Mountain Australia Group Services Pty Ltd SA - Enterprise Agreement 2022 (the Agreement), made by Iron Mountain Australia Group Services Pty Ltd (the Applicant) under s.185 of the Fair Work Act 2009. The Applicant sought approval for a single enterprise agreement which covers its employees in South Australia. The United Workers’ Union (UWU) lodged a statutory declaration indicating its desire for the Agreement to cover its members. The Commission needed to decide if the Agreement met the criteria for approval under the Fair Work Act, including whether it complied with sections 186, 187 and 188 of the Act.

The Commission found that all relevant requirements for approval under the Fair Work Act had been met. The Agreement was deemed to cover the UWU in line with s.201(2) of the Act. The nominal expiry date of the Agreement is 30 June 2025. Given the satisfaction with the compliance of the Agreement with the legislative requirements, the Commission approved the Agreement. It will take effect in the first full pay period that commences seven days after the approval.

The Fair Work Commission approved the Iron Mountain Australia Group Services Pty Ltd SA - Enterprise Agreement 2022, which will operate from the first full pay period commencing seven days after the approval. The Agreement, which is set to expire on 30 June 2025, has been found to cover the United Workers’ Union, as per the statutory declaration lodged by the Union. The decision ensures that the Agreement complies with all relevant provisions of the Fair Work Act, enabling it to provide a framework for the terms and conditions of employment for the employees of Iron Mountain Australia Group Services Pty Ltd in South Australia.

Iron Mountain Australia Group Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established