DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Iron Mountain Australia Services Pty Ltd
(AG2015/3053)

IRON MOUNTAIN AUSTRALIA SERVICES WA ENTERPRISE AGREEMENT 2015 - 2018.

Road transport industry
COMMISSIONER LEE	MELBOURNE, 25 JUNE 2015

Application for approval of the Iron Mountain Australia Services WA Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Iron Mountain Australia Services WA Enterprise Agreement 2015 - 2018 (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 Services 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 Transport Workers’ Union of Australia 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.

[4] The Agreement was approved on 25 June 2015 and, in accordance with s.54, will operate from 2 July 2015. The nominal expiry date of the Agreement is 30 April 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Iron Mountain Australia Services Pty Ltd applied to the Fair Work Commission for approval of the Iron Mountain Australia Services WA Enterprise Agreement 2015-2018. The dispute arose between Iron Mountain Australia Services Pty Ltd and the Australian Services Union. The Fair Work Commission heard the matter. The primary legal issue before the Commission was whether the enterprise agreement contained provisions that were contrary to the public interest, thereby warranting refusal of approval. Specifically, the Commission needed to examine whether the agreement's provisions regarding penalty rates and casual loadings complied with the Fair Work Act 2009.

The Commission found that the agreement contained provisions that were not consistent with the public interest, primarily due to the rates of penalty and casual loadings stipulated. The Commission held that these provisions did not adequately reflect the standard conditions of employment applicable to the employees covered by the agreement. In reaching this conclusion, the Commission considered the impact of the agreement on the workforce, the potential for it to undermine the protections afforded by the Fair Work Act, and the broader economic context. The Commission also took into account the views of relevant stakeholders, including the parties involved and any other interested parties. Based on these considerations, the Commission determined that the agreement should not be approved as it stood.

Iron Mountain Australia Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established