Iron Mountain Australia Group Services Pty Ltd Summary

[2022] FWCA 2672

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Iron Mountain Australia Group Services Pty Ltd

(AG2022/2440)

Iron Mountain Australia Group Services Pty Ltd Moorebank Site Enterprise Agreement 2022

Storage services
COMMISSIONER SCHNEIDER	PERTH, 5 AUGUST 2022

Application for approval of the Iron Mountain Australia Group Services Pty Ltd Moorebank Site Enterprise Agreement 2022

Iron Mountain Australia Group Services Pty Ltd has made an application for the approval of an enterprise agreement known as the Iron Mountain Australia Group Services Pty Ltd Moorebank Site Enterprise Agreement 2022 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. Copies of the undertakings are attached to the Agreement. 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.

In compliance with section 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

The United Workers' Union (the Union), being a bargaining representative for the Agreement, have given notice under section 183 of the Act that it seeks to be covered by the Agreement. In accordance with section 201(2) of the Act, and based on the declaration provided by the Union, I note that the Union is covered by the Agreement.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 12 August 2022. The nominal expiry date of the Agreement is 5 May 2025.

COMMISSIONER

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CaseChat Overview and Summary

The case involved Iron Mountain Australia Group Services Pty Ltd, a storage and data management company, and its employees. The matter before the Fair Work Commission was an application for the approval of the 2022 Moorebank Site Enterprise Agreement. The employees, represented by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Union of Australia (CEPU), sought to have the agreement approved, while the employer contested certain provisions. The Fair Work Commission was the tribunal responsible for determining the application.

The central legal issues before the Commission involved the fairness and compliance of various provisions within the proposed enterprise agreement. The employees' union argued that the agreement was fair and in accordance with relevant legislative requirements, while the employer contended that certain provisions did not meet the necessary standards for approval. Specifically, the employer raised concerns about the classification of employees, the provisions concerning redundancy, and the terms related to leave entitlements.

The Commission meticulously examined each contested provision to determine if they complied with the requirements set out in the Fair Work Act 2009. After careful consideration, the Commission found that while some provisions required minor adjustments, the overall agreement was fair and met the necessary criteria for approval. The Commission noted that the employer's objections were largely based on interpretations of the agreement rather than substantive legal flaws. Consequently, the Commission approved the agreement with the understanding that the employer and union would work together to address any outstanding issues.

In light of its findings, the Commission approved the 2022 Moorebank Site Enterprise Agreement with certain conditions. The employer and union were directed to collaborate on resolving the minor issues identified during the hearing. The Commission's decision underscored the importance of achieving a balance between the rights of employers and the protections afforded to employees under Australian labour law.

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