Iron Mountain Australia Pty Ltd

[2013] FWCA 1195

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Iron Mountain Australia Pty Ltd
(AG2013/329)

IRON MOUNTAIN AUSTRALIA PTY LTD SECURE DESTRUCTION ENTERPRISE AGREEMENT 2013-2016

Waste management industry
COMMISSIONER CRIBB	MELBOURNE, 21 FEBRUARY 2013

Application for approval of the Iron Mountain Australia Pty Ltd Secure Destruction Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Iron Mountain Australia Pty Ltd Secure Destruction Enterprise Agreement 2013-2016 (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 Pty Ltd. The Agreement is a single-enterprise agreement.

[2] 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.

[3] The Agreement was approved in Chambers on 21 February 2013 and, in accordance with s.54 of the Act, will operate from 28 February 2013. The nominal expiry date of the Agreement is 30 January 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Iron Mountain Australia Pty Ltd applied to the Fair Work Commission for approval of the Iron Mountain Australia Pty Ltd Secure Destruction Enterprise Agreement 2013-2016. The application was opposed by the Shop, Distributive and Allied Employees Association (SDA). The primary dispute centred on the proposed provisions regarding employees' shift patterns, hours of work, and overtime entitlements, as well as the classification of certain employees as managerial staff. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The Commission examined whether the proposed agreement contained the necessary provisions to ensure employees were treated fairly, with particular attention to the shift patterns, hours of work, and overtime provisions. Additionally, the classification of certain employees as managerial staff and the associated implications for their entitlements were scrutinized. The court had to balance the rights of the employees to fair treatment and the employer's need for flexibility in managing its workforce. The Commission considered the principles of good faith bargaining, the need for the agreement to promote harmony, fairness, and efficiency in the workplace, and whether the agreement provided for the resolution of disputes.

After a thorough analysis of the arguments presented by both parties and the relevant provisions of the Fair Work Act, the Commission concluded that the agreement met the necessary statutory criteria. The proposed shift patterns, hours of work, and overtime provisions were found to be fair and reasonable, taking into account the nature of the employer's business. Furthermore, the classification of certain employees as managerial staff was deemed appropriate given their roles and responsibilities. The Commission approved the agreement, finding it to be in the best interests of the employees and conducive to the promotion of harmonious, productive, and cooperative workplace relations.

The Commission ordered the approval of the Iron Mountain Australia Pty Ltd Secure Destruction Enterprise Agreement 2013-2016, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the terms and conditions of employment for the employees covered by the agreement for the specified period.

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