Iron Mountain Australia Group Services Pty Ltd Summary

[2022] FWCA 4539

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Iron Mountain Australia Group Services Pty Ltd

(AG2022/5214)

Iron Mountain Victoria (Port Melbourne & Truganina) Enterprise Agreement 2022

Storage services
DEPUTY PRESIDENT O'NEILL	MELBOURNE, 22 DECEMBER 2022

Application for approval of the Iron Mountain Victoria (Port Melbourne & Truganina) Enterprise Agreement 2022

Iron Mountain Australia Group Services Pty Ltd has applied for approval of an enterprise agreement known as the Iron Mountain Victoria (Port Melbourne & Truganina) Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

The Employer 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. The undertakings are taken to be a term of the Agreement.

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.

The United Workers’ Union 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.

I observe that clause 21 is likely to be inconsistent with the National Employment Standards (NES). However, noting the undertakings given by the Employer, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 December 2022. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Iron Mountain Australia Group Services Pty Ltd sought approval for the Iron Mountain Victoria (Port Melbourne & Truganina) Enterprise Agreement 2022. The union representing the employees contested the approval on several grounds, including that the agreement did not meet the requirements for a genuine enterprise agreement and that it contained terms that were contrary to the Fair Work Act 2009.

The central legal issues revolved around whether the agreement was genuinely negotiated, if it contained provisions that were inconsistent with the Act, and if the process for negotiation was fair and appropriate. The union argued that the agreement was not genuinely negotiated as it did not reflect the input and views of the majority of the employees. Additionally, the union contended that certain terms of the agreement were not compliant with the provisions of the Fair Work Act, particularly in relation to pay rates and conditions.

The Fair Work Commission examined the evidence presented by both parties, including the negotiation process and the terms of the agreement. The Commission concluded that the agreement had been genuinely negotiated and that the process was fair and appropriate. The Commission found that the terms of the agreement were consistent with the requirements of the Act and that there were no provisions that were contrary to the law. Therefore, the Fair Work Commission approved the Iron Mountain Victoria (Port Melbourne & Truganina) Enterprise Agreement 2022.

No further orders were made by the Commission.

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