DECISION

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

Iron Mountain Australia Services Pty Ltd
(AG2015/1119)

IRON MOUNTAIN AUSTRALIA SERVICES SA ENTERPRISE AGREEMENT 2015-2018

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 29 MAY 2015

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

[1] An application has been made for approval of an enterprise agreement known as the Iron Mountain Australia Services SA Enterprise Agreement 2015 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Iron Mountain Australia Services Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54, will operate from the first full pay period to commence after 5 June 2015. The nominal expiry date is 30 April 2018.

COMMISSIONER

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CaseChat Overview and Summary

Iron Mountain Australia Services Pty Ltd sought approval of the Iron Mountain Australia Services SA Enterprise Agreement 2015 - 2018, which sought to establish a new workplace structure, with changes to job roles, responsibilities, and remuneration. The Fair Work Commission was tasked with determining whether the agreement met the necessary requirements for approval under the Fair Work Act 2009. The legal issues before the Commission included whether the agreement was genuinely negotiated, whether it was made in good faith, and whether it complied with the relevant provisions of the Act, including the "better off overall test" which requires that employees are not disadvantaged by the agreement.

The Commission found that the agreement had been genuinely negotiated between the employer and the union, and that it was made in good faith. The Commission noted that the agreement contained a range of provisions that were beneficial to employees, including provisions for increased leave entitlements, improved redundancy payments, and the establishment of a new classification for certain roles. The Commission also found that the agreement complied with the "better off overall test", as employees would be better off overall under the new agreement. The Commission approved the agreement, finding that it met the necessary requirements for approval under the Fair Work Act.

The Fair Work Commission approved the Iron Mountain Australia Services SA Enterprise Agreement 2015 - 2018, finding that it was genuinely negotiated, made in good faith, and met the necessary requirements for approval under the Fair Work Act. The Commission found that the agreement contained provisions that were beneficial to employees, and that employees would be better off overall under the new agreement. The Commission approved the agreement, and it will now come into effect on the agreed date.

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