DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Iron Mountain Australia Group Services Pty Ltd T/A Iron Mountain
(AG2018/4599)

IRON MOUNTAIN AUSTRALIA GROUP SERVICES PTY LTD WODONGA ENTERPRISE AGREEMENT 2018

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COMMISSIONER LEE	MELBOURNE, 18 FEBRUARY 2019

Application for approval of the Iron Mountain Australia Group Services Pty Ltd Wodonga Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Iron Mountain Australia Group Services Pty Ltd Wodonga Enterprise Agreement 2018 (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 T/A Iron Mountain. 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 February 2019. The nominal expiry date of the Agreement is 20 June 2021.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Iron Mountain Australia Group Services Pty Ltd, trading as Iron Mountain, sought approval of an enterprise agreement from the Fair Work Commission (FWC). The agreement, titled the Iron Mountain Australia Group Services Pty Ltd Wodonga Enterprise Agreement 2018, was in question. The dispute involved the terms and conditions of employment for employees of Iron Mountain at its Wodonga site, including matters such as wages, working hours, and dispute resolution mechanisms. The matter was heard by the FWC, a statutory body established under the Fair Work Act 2009 (Cth).

The primary legal issues before the FWM were whether the enterprise agreement complied with the requirements of the Fair Work Act and whether it had been genuinely agreed upon by the parties. The applicant needed to demonstrate that the agreement was free from any improper influence or coercion and that it was properly negotiated and agreed to by the relevant parties. The FWC needed to consider whether the agreement met the standard criteria for approval, such as whether it provided for the safety and welfare of employees, and whether it was consistent with the principles of the Fair Work Act.

In reaching its decision, the FWC examined the evidence and submissions from both Iron Mountain and the relevant unions. The Commission found that the agreement met the necessary criteria for approval. It determined that the agreement had been genuinely negotiated, contained provisions for the safety and welfare of employees, and was consistent with the principles of the Fair Work Act. The FWC was satisfied that the agreement was free from any improper influence or coercion, and that it had been properly agreed to by the relevant parties. Accordingly, the FWC approved the enterprise agreement.

The Fair Work Commission approved the Iron Mountain Australia Group Services Pty Ltd Wodonga Enterprise Agreement 2018. The decision was based on the findings that the agreement met the criteria for approval, including genuine negotiation, employee safety and welfare provisions, and consistency with the Fair Work Act. The agreement was deemed to be free from any improper influence or coercion, and had been properly agreed to by the relevant parties.

Iron Mountain Australia Group Services Pty Ltd T/A Iron Mountain

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established