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

[2023] FWCA 1688

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2023/1549)

IRON MOUNTAIN AUSTRALIA GROUP SERVICES PTY LTD WA - ENTERPRISE AGREEMENT 2023

Storage services
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 9 JUNE 2023

Application for approval of the Iron Mountain Australia Group Services Pty Ltd WA -Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Iron Mountain Australia Group Services Pty Ltd WA - Enterprise Agreement 2023 (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. The Agreement is a single enterprise agreement.

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.

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 the following provision is likely to be inconsistent with the National Employment Standards (NES):

· Clause 17 – Personal / Career’s Leave and Compassionate Leave.

However, noting clause 32(b) of the Agreement, 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 16 June 2023. The nominal expiry date of the Agreement is 31 December 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Iron Mountain Australia Group Services Pty Ltd, who sought approval for their proposed Western Australia Enterprise Agreement 2023. The dispute centred around whether the proposed terms and conditions of employment in the agreement met the requirements set forth by the Fair Work Act 2009. The Commission was tasked with assessing whether the agreement provided a safety net for employees and if it was free from prohibited content.

The primary legal issues before the Commission included whether the agreement provided for minimum rates of pay and conditions that met or exceeded the relevant award or registered agreement standards. Additionally, the Commission had to determine if the agreement contained any provisions that were contrary to public policy or otherwise prohibited under the Fair Work Act. The fairness of the agreement and its compliance with the safety net provisions were also critical considerations.

The Fair Work Commission found that the proposed agreement provided for minimum rates of pay and conditions that met the statutory safety net, ensuring employees were not disadvantaged. The Commission concluded that the agreement was free from prohibited content and did not contravene public policy. Furthermore, it was deemed fair, considering the context and the bargaining positions of the parties. Based on these findings, the Commission approved the Iron Mountain Australia Group Services Pty Ltd WA - Enterprise Agreement 2023.

The final order of the Commission was the approval of the Iron Mountain Australia Group Services Pty Ltd WA - Enterprise Agreement 2023, effective from the date specified within the agreement. This decision validated the terms of the agreement, allowing it to be implemented between the employer and the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established