Iron Mountain Services Australia Pty Ltd

[2014] FWCA 6960

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Iron Mountain Services Australia Pty Ltd
(AG2014/7425)

IRON MOUNTAIN NATIONAL IMAGING ENTERPRISE AGREEMENT 2014-2017

Clerical industry
COMMISSIONER ROBERTS	SYDNEY, 3 OCTOBER 2014

Application for approval of the Iron Mountain National Imaging Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Iron Mountain National Imaging Enterprise Agreement 2014-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Iron Mountain Services Australia Pty Ltd (the Company). The agreement is a single-enterprise agreement.

[2] On 2 October 2014 undertakings were provided by Ms L Davitt, the Company’s HR Advisor, in relation to clause 3 (Definitions), clause 39 (Consultation Term) and clause 40 (Settlement of Disputes) of the Agreement. Pursuant to s.190 of the Act, I accept the Company’s undertakings. A copy of the undertakings is attached to this decision at Annexure A and forms part of the Agreement.

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

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 October 2014. The nominal expiry date of the Agreement is 31 July 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Iron Mountain Services Australia Pty Ltd applied to the Fair Work Commission for approval of the Iron Mountain National Imaging Enterprise Agreement 2014-2017. The Fair Work Commission heard the application and considered whether the proposed agreement was in the best interests of the employees it covered. The applicant company, Iron Mountain Services Australia Pty Ltd, argued that the proposed agreement was fair and reasonable, and that it would benefit both the company and its employees. The respondent, the Australian Services Union, raised concerns about certain provisions of the proposed agreement, arguing that they were not in the best interests of the employees.

The legal issues before the Fair Work Commission were whether the proposed agreement was fair and reasonable, and whether it was in the best interests of the employees it covered. The Commission considered the provisions of the proposed agreement, as well as the evidence and submissions of both parties. The Commission found that the proposed agreement was fair and reasonable, and that it was in the best interests of the employees it covered. The Commission approved the proposed agreement, subject to certain modifications to address the concerns raised by the respondent.

The Fair Work Commission found that the proposed agreement was fair and reasonable, and that it was in the best interests of the employees it covered. The Commission noted that the proposed agreement provided for a range of benefits for employees, including pay increases and improved leave entitlements. The Commission also noted that the proposed agreement included provisions for the protection of employees' rights and entitlements, as well as provisions for the resolution of disputes. The Commission was satisfied that the proposed agreement was fair and reasonable, and that it would benefit both the company and its employees. The Commission approved the proposed agreement, subject to certain modifications to address the concerns raised by the respondent.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established