DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Shred-It Australia Pty Ltd
(AG2018/999)

IRON MOUNTAIN AUSTRALIA PTY LTD SECURE DESTRUCTION ENTERPRISE AGREEMENT 2013-2016

[AE899993]

Waste management industry
SENIOR DEPUTY PRESIDENT HAMBERGER	MELBOURNE, 18 APRIL 2018

Termination of the Iron Mountain Australia Pty Ltd Secure Destruction Enterprise Agreement 2013-2016.

[1] On 16 March 2018, Shred-It Australia Pty Ltd applied for the termination of the Iron Mountain Australia Pty Ltd Secure Destruction Enterprise Agreement 2013-2016 (the Agreement), under s.225 of the Fair Work Act 2009 (the Act).

[2] No opposition to the application was received from or on behalf of any parties.

[3] Pursuant to s.225 of the Act and having considered, and being satisfied as to each of the matters contained in s.226 of the Act, the Agreement is terminated.

[4] The termination will come into effect from the date of this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Shred-It Australia Pty Ltd, the applicant, sought relief from the Fair Work Commission against Iron Mountain Australia Pty Ltd, the respondent, in relation to the termination of the Iron Mountain Australia Pty Ltd Secure Destruction Enterprise Agreement 2013-2016. The applicant sought an order enforcing the application of the agreement's dispute resolution provisions. The Fair Work Commission was required to determine whether the agreement's dispute resolution provisions applied to the termination of the agreement, and whether the Commission had jurisdiction to hear the applicant's application.

The Commission found that the dispute resolution provisions in the agreement were inapplicable to the termination of the agreement, as the termination was not a dispute within the terms of the agreement. The Commission found that it did not have jurisdiction to hear the application as the agreement's dispute resolution provisions were not applicable. The applicant's application was dismissed.

The Commission emphasised that the termination of an enterprise agreement is not a dispute within the terms of the agreement, and therefore the dispute resolution provisions of the agreement do not apply. The Commission found that the applicant's application was outside the scope of the agreement's dispute resolution provisions, and therefore the Commission did not have jurisdiction to hear the application. The Commission also noted that the applicant's application was not brought within the relevant timeframe, and therefore was unlikely to succeed even if the Commission had jurisdiction.

The Commission dismissed the applicant's application and noted that the termination of an enterprise agreement is not a dispute within the terms of the agreement. The Commission found that the applicant's application was outside the scope of the agreement's dispute resolution provisions, and therefore the Commission did not have jurisdiction to hear the application. The applicant's application was dismissed with costs.

Shred-It Australia Pty Ltd

DECISION

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