Iron Mountain Australia Pty Ltd Summary

[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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CaseChat Overview and Summary

The applicant, Iron Mountain Australia Pty Ltd, sought approval of the Iron Mountain Australia NSW Records Management Enterprise Agreement 2013-2016. The dispute was heard by the Fair Work Commission, Australia's workplace relations tribunal. The applicant argued that the agreement, which provided for a range of terms and conditions of employment for its employees, was suitable for approval under the Fair Work Act 2009. The respondent, the Australian Services Union, opposed the approval of the agreement, arguing that it did not meet the requirements of the Act.

The legal issues before the Commission included whether the agreement had been made in accordance with the processes set out in the Act, and whether the agreement contained terms that were contrary to public policy or were otherwise unfair. The Commission considered whether the agreement provided for a fair and reasonable set of terms and conditions for employees, and whether it complied with relevant minimum standards set out in the Act. The Commission also considered whether the agreement provided for appropriate mechanisms for resolving disputes between the parties.

After considering the evidence and arguments presented by both parties, the Commission found that the agreement was suitable for approval. The Commission determined that the agreement had been made in accordance with the processes set out in the Act, and that it contained terms that were fair and reasonable. The Commission also found that the agreement did not contain terms that were contrary to public policy or that were otherwise unfair. The Commission approved the agreement, subject to certain conditions, including the requirement that the applicant provide certain information to employees and that a copy of the agreement be displayed in a prominent place in the workplace. The applicant was also required to take certain steps to ensure that employees were aware of the terms of the agreement.

The Commission's decision provides guidance to employers and employees on the types of terms and conditions that may be included in an enterprise agreement, and the processes that must be followed in order to ensure that an agreement is suitable for approval. The decision also highlights the importance of ensuring that enterprise agreements provide for fair and reasonable terms and conditions of employment, and that they comply with relevant minimum standards set out in the Act.

Iron Mountain Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established