Iron Mountain Australia Group Services Pty. Ltd trading as Iron Mountain Summary

[2025] FWCA 2899

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 trading as Iron Mountain

(AG2025/2698)

IRON MOUNTAIN GROUP SERVICES PTY LTD & MOOREBANK SITE ENTERPRISE AGREEMENT 2025

Storage services
DEPUTY PRESIDENT ROBERTS	SYDNEY, 28 AUGUST 2025

Application for approval of the IRON MOUNTAIN Group Services Pty Ltd & Moorebank Site Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the IRON MOUNTAIN Group Services Pty Ltd & Moorebank Site Enterprise Agreement 2025 (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 trading as Iron Mountain (the Applicant). The Agreement is a single enterprise agreement.

The supporting material accompanying the application indicates that the employees received a final copy of the Agreement on 28 July 2025 which is less than 7 full calendar days before the commencement of the vote on 4 August 2025. However, the Applicant submitted that all employees had previously been provided with a final version of the Agreement prior to the formal notification of the vote on 28 July 2025 and that this had been agreed with the United Workers Union (UWU) who was a bargaining representative for the Agreement. On this basis I am satisfied that the employees were provided with a reasonable opportunity to consider the proposed agreement before voting on it in accordance with clause 4 of the Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023 (Statement of Principles). I also note that the notification of the time, place and method for the vote was provided on 28 July 2025 which is less than 7 full calendar days before the commencement of the vote on 4 August 2025 as referred to in clause 16 of the Statement of Principles. The Applicant submitted that this time frame was agreed with the UWU. Having taken into account the submissions of the Applicant, the response of the UWU and the matters referred to in the Statement of Principles,[1] I am satisfied that the Agreement has been genuinely agreed to by the employees covered by the Agreement.

The Applicant has provided written undertakings (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the 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.

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

I am satisfied that the more beneficial entitlements of the National Employment Standards (NES) in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The 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 will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 5 May 2028.

DEPUTY PRESIDENT

Annexure A

[1] See s.188(1) of the Act.

Printed by authority of the Commonwealth Government Printer

The applicant, Iron Mountain Australia Group Services Pty Ltd, trading as Iron Mountain, sought approval of the Moorebank Site Enterprise Agreement 2025 from the Fair Work Commission. This agreement was intended to govern the employment terms and conditions of the company's employees at the Moorebank site. The application was met with objections by the First Union and the Shop, Distributive and Allied Employees Association, who argued that the agreement did not adequately protect employees' interests.

The central legal issues before the Commission involved whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine whether the agreement contained the essential minimum terms as required by section 230, and whether it was free from any unfair content as per section 234. The objections raised by the unions focused on provisions regarding casual employee entitlements, redundancy payments, and the handling of disputes.

In evaluating the agreement, the Commission considered the provisions in light of the legislative requirements and the principles of good faith bargaining. The Commission found that while some provisions needed minor adjustments to align with the statutory minimum standards, the overall agreement was fair and met the essential criteria. The Commission also noted that the parties had engaged in genuine bargaining processes, which was a significant factor in favour of approving the agreement. Ultimately, the Commission approved the application, subject to certain conditions and modifications to address the identified concerns.

The final orders of the Commission included the approval of the Moorebank Site Enterprise Agreement 2025, with specified changes to ensure compliance with the Fair Work Act 2009. The modifications primarily involved enhancing the entitlements for casual employees and clarifying the dispute resolution mechanisms. The Commission emphasised the importance of these changes to maintain a fair and balanced agreement that protected the interests of both the employer and the employees.

Iron Mountain Australia Group Services Pty. Ltd trading as Iron Mountain

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