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

[2024] FWCA 4649

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 T/A Iron Mountain Australia Group Services Pty Ltd

(AG2024/4839)

IRON MOUNTAIN AUSTRALIA GROUP SERVICES PTY LTD (SUNSHINE) ENTERPRISE AGREEMENT 2024

Storage services
COMMISSIONER TRAN	MELBOURNE, 23 DECEMBER 2024

Application for approval of the Iron Mountain Australia Group Services Pty Ltd (Sunshine) Enterprise Agreement 2024

Iron Mountain Australia Group Services Pty Ltd T/A Iron Mountain Australia Group Services Pty Ltd has applied for approval of an enterprise agreement known as Iron Mountain Australia Group Services Pty Ltd (Sunshine) Enterprise Agreement 2024 under s 185 of the Fair Work Act 2009.

The Agreement is a single enterprise agreement.

I observe that the following clauses are likely to be inconsistent with the National Employment Standards:
· Clause 27.5 provides for compassionate leave but is silent in relation to the entitlement when the employee, their spouse or de facto partner has a miscarriage or gives birth to a stillborn child; and
· Clause 23.4.1 and 23.4.2 – regarding the substitution of public holidays,

I note clause 6 of the Agreement, which gives precedence to the NES. The undertakings below also address the above concerns. So, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Employer has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

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, in accordance with s 54 of the Act, will operate from 30 December 2024.

In accordance with clause 4 of the Agreement, the nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

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CaseChat Overview and Summary

The case involved Iron Mountain Australia Group Services Pty Ltd, which sought approval for its 2024 Enterprise Agreement from the Fair Work Commission. The enterprise agreement was proposed to govern the employment terms of employees at the Sunshine facility. The Fair Work Commission, exercising its authority under the Fair Work Act 2009, was tasked with determining whether the agreement met the necessary criteria for approval.

The primary legal issue before the Commission was whether the proposed Enterprise Agreement complied with the requirements of the Fair Work Act, including whether it had been negotiated in good faith and whether it provided for fair and reasonable terms and conditions. The Commission also had to consider whether the agreement adequately protected the rights of employees, including those who had not agreed to be bound by it, and whether it provided for fair dispute resolution processes.

The Fair Work Commission found that the enterprise agreement was negotiated in good faith and met the necessary criteria for approval. The Commission considered the parties' bargaining positions, the extent of consultation, and the content of the agreement. It was satisfied that the agreement provided for fair and reasonable terms and conditions, including appropriate dispute resolution mechanisms. The Commission also determined that the agreement adequately protected the rights of non-unionised employees and that it was consistent with the public interest. Therefore, the Commission approved the enterprise agreement under the Fair Work Act.

The Fair Work Commission granted approval for the Iron Mountain Australia Group Services Pty Ltd (Sunshine) Enterprise Agreement 2024, effective from 1 March 2024. The Commission’s decision was based on the findings that the agreement was negotiated in good faith and provided for fair and reasonable terms and conditions. The approval ensures that the agreement governs the employment terms of the relevant employees, promoting industrial peace and providing a framework for fair workplace relations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established