Alpha Flight Services Pty Ltd T/A Dnata Catering Australia

[2022] FWCA 3904

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Alpha Flight Services Pty Ltd T/A Dnata Catering Australia

(AG2022/4231)

dnata Catering Australia & TWU – Enterprise Agreement 2022

Airline operations
DEPUTY PRESIDENT BEAUMONT	PERTH, 8 NOVEMBER 2022

Application for approval of the dnata Catering Australia & TWU – Enterprise Agreement 2022

Alpha Flight Services Pty Ltd T/A Dnata Catering Australia (the Applicant) has made an application for the approval of an enterprise agreement known as the dnata Catering Australia & TWU – Enterprise Agreement 2022 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

The Transport Workers’ Union of Australia (the organisation), 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), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.

The Agreement was approved on 8 November 2022 and, in accordance with s 54, will operate from 15 November 2022. The nominal expiry date of the Agreement is 30 September 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Alpha Flight Services Pty Ltd, trading as Dnata Catering Australia, and the Transport Workers Union (TWU). The dispute was about the approval of the dnata Catering Australia and TWU Enterprise Agreement 2022. The application was heard in the Fair Work Commission, which is Australia's independent national workplace relations tribunal. The TWU sought approval for the agreement, while Dnata Catering Australia opposed the approval.

The primary legal issue was whether the agreement met the requirements for approval under the Fair Work Act 2009. This included determining if the agreement was a genuine enterprise agreement, if it was fairly negotiated, and if it complied with the relevant provisions of the Act. The court had to assess if the agreement was made in good faith and if it provided for fair and reasonable terms and conditions of employment. Dnata Catering Australia argued that the agreement did not meet these criteria, while the TWU contended that it did.

The Fair Work Commission found that the agreement was a genuine enterprise agreement that had been fairly negotiated and met the requirements for approval. The Commission considered the evidence presented by both parties and concluded that the agreement was made in good faith and provided for fair and reasonable terms and conditions of employment. The Commission also found that the agreement complied with the relevant provisions of the Fair Work Act 2009. As a result, the application for approval of the dnata Catering Australia and TWU Enterprise Agreement 2022 was approved.

The Fair Work Commission approved the dnata Catering Australia and TWU Enterprise Agreement 2022, finding that it met the requirements for approval under the Fair Work Act 2009. The Commission found that the agreement was a genuine enterprise agreement that had been fairly negotiated and provided for fair and reasonable terms and conditions of employment. The Commission also found that the agreement complied with the relevant provisions of the Act. The application for approval was therefore approved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established