Iron Mountain Australia Services Pty Ltd

[2014] FWCA 7687

FAIR WORK COMMISSION

DECISION

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

Iron Mountain Australia Services Pty Ltd
(AG2014/7823)

IRON MOUNTAIN RECORDS MANAGEMENT (VICTORIA) ENTERPRISE AGREEMENT 2014-2018

Road transport industry
COMMISSIONER CARGILL	SYDNEY, 30 OCTOBER 2014

Application for approval of the Iron Mountain Records Management (Victoria) Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the Iron Mountain Records Management (Victoria) Enterprise Agreement 2014-2018 (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 Transport Workers’ Union of Australia 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 is approved and, in accordance with s.54, will operate from 6 November 2014. The nominal expiry date is 30 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Iron Mountain Australia Services Pty Ltd sought approval of the Iron Mountain Records Management (Victoria) Enterprise Agreement 2014-2018. The respondent, the Australian Services Union, contested the application, raising concerns over the fairness and compliance of the agreement with the Fair Work Act 2009. The dispute centred around whether the agreement appropriately covered employees' rights, conditions of employment, and dispute resolution mechanisms.

The key legal issues before the Commission included whether the agreement met the requirements for a valid enterprise agreement, including compliance with the good faith bargaining obligations and fairness provisions under the Fair Work Act. The Commission had to determine if the agreement provided for terms and conditions that were equitable and whether it was made in good faith, without coercion or undue influence. Additionally, the Commission needed to assess if the agreement sufficiently addressed employees' rights and conditions of employment, and if it provided adequate mechanisms for resolving disputes.

After considering submissions from both parties and reviewing the agreement, the Commission found that the Iron Mountain Records Management (Victoria) Enterprise Agreement 2014-2018 was fair and complied with the relevant provisions of the Fair Work Act. The Commission concluded that the agreement was made in good faith, did not contain any terms that were unfair or unreasonable, and provided adequate mechanisms for resolving disputes. Consequently, the Commission approved the agreement.

The Commission issued an order approving the Iron Mountain Records Management (Victoria) Enterprise Agreement 2014-2018, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions of the employees covered by the agreement for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established