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

Case

[2023] FWCA 1688

9 JUNE 2023


[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

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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

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