dnata Airport Services Pty. Limited

[2018] FWCA 2912

[2018] FWCA 2912

FAIR WORK COMMISSION

DECISION

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

dnata Airport Services Pty. Limited
(AG2017/6810)

DNATA AIRPORT SERVICES PTY LIMITED PERTH INTERNATIONAL (T1) AIRPORT ENTERPRISE AGREEMENT 2016 TO 2019.

Airline operations
COMMISSIONER CAMBRIDGE	SYDNEY, 24 MAY 2018

Application for approval of the dnata Airport Services Pty Limited Perth International (T1) Airport Enterprise Agreement 2016 to 2019.

[1] An application has been made for approval of an enterprise agreement known as the dnata Airport Services Pty Limited Perth International (T1) Airport Enterprise Agreement 2016 to 2019 (the Agreement). The application was made pursuant to s. 185 of the Fair Work Act 2009 (the Act). The application has been made by dnata Airport Services Pty. Limited (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged with the Fair Work Commission (the Commission) at Perth on 22 December 2017. On 27 April 2018, the application was referred to the Commission as currently constituted. The application included a Statutory Declaration of Robert Larizza made on behalf of the Employer and dated 22 December 2017 (the Declaration). The Declaration stated that the Agreement was made on 21 December 2017. Therefore the application was made within the 14 day lodgement time limit established by subsection 185 (3) (a) of the Act.

[3] The application for approval was listed for Mention and Directions proceedings on 14 May 2018, at which time Mr R Clarke appeared for the Employer, and Mr P Cecchini and Ms A Nyariel appeared for the Australian Municipal, Administrative, Clerical and Services Union (ASU). The Transport Workers’ Union of Australia (TWU) was a bargaining representative for the Agreement. The TWU were notified of the proceedings but did not appear on 14 May. During the proceedings held on 14 May, the Commission identified various issues relating to the contents of certain terms contained in the Agreement which required clarification.

[4] Mr Clarke and Mr Cecchini provided some important clarifications during the proceedings. The Employer was invited to consider some residual issues raised by the Commission and to respond in writing. The Commission has received correspondence dated 14 May 2018, from the Employer, which included further material in support of the application together with Undertakings, dated 14 May 2018, made by and duly signed by the Employer, and proposed to the Commission pursuant to s. 190 of the Act (the Undertakings).

[5] Consequently, I have further considered the application for approval having regard for the clarifications provided during the proceedings held on 14 May, the further material in support of the application, and the Undertakings.

[6] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Commission can approve of an enterprise agreement. I have further examined the contents of the Declaration in the context of the clarifications provided during the proceedings held on 14 May, and the further material in support of the application. On the basis of this material I am satisfied that the procedural requirements of Part 2-4 of the Act have been met in this instance.

[7] I note that the file has included a Statutory Declaration of Ayen Nyariel made on behalf of the ASU, as an employee organisation in relation to the application. I further note that the file has included a Statutory Declaration of Adam Miroslaw Dzieciol made on behalf of the Transport Workers’ Union of Australia (TWU), as an employee organisation in relation to the application.

[8] I also note that the Agreement contains a flexibility term at clause 22 and a consultation term at clause 12.

[9] I am prepared to accept the Undertakings. As provided by s. 191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss. 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[10] The ASU and the TWU being bargaining representatives for the Agreement, has each given notice under s. 183 of the Act that each wants the Agreement to cover it. As required by subsection 201 (2) of the Act I note that the Agreement covers the ASU and the TWU.

[11] The Agreement as varied by the Undertakings is approved. In accordance with subsection 54 (1) of the Act, the Agreement will operate from 31 May 2018. In accordance with clause 1.2 (a) of the Agreement the nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

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