Iron Mountain Australia Pty Ltd

[2013] FWCA 349

[2013] FWCA 349

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Iron Mountain Australia Pty Ltd
(AG2012/13120)

IRON MOUNTAIN NSW RECORDS MANAGEMENT ENTERPRISE AGREEMENT 2013 - 2016

Road transport industry
COMMISSIONER CAMBRIDGE	SYDNEY, 17 JANUARY 2013

Application for approval of the Iron Mountain Australia NSW Records Management Enterprise Agreement 2013 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Iron Mountain Australia Records Management 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 Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 20 December 2013. The application included a Statutory Declaration of Rachel Laverick made on behalf of the Employer and dated 20 December 2013, (the Declaration). The Declaration stated that the Agreement was made on 19 December 2013. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 17 January 2013. I note that the Agreement contains a flexibility term at clause 5 and a consultation term at clause 17.

[5] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[6] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 24 January 2013. The nominal expiry date of the Agreement as specified in clause 3.1 of the Agreement, is 30 June 2016.

COMMISSIONER

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