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

[2024] FWCA 4649

[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

1. 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.

1. The Agreement is a single enterprise agreement.

1. 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,

1. 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.

1. 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.

1. 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.

1. 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.

1. The Agreement is approved and, in accordance with s 54 of the Act, will operate from 30 December 2024.

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

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