DECISION

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

dnata Airport Services Pty. Limited
(AG2017/4914)

DNATA PASSENGER SERVICES NSW ENTERPRISE AGREEMENT 2017

Airport operations
COMMISSIONER CAMBRIDGE	SYDNEY, 24 MAY 2018

Application for approval of the dnata Passenger Services NSW Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the dnata Passenger Services NSW Enterprise Agreement 2017 (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 Sydney on 18 October 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 16 October 2017 (the Declaration). The Declaration stated that the Agreement was made on 6 October 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 M Rizzo appeared for the Australian Municipal, Administrative, Clerical and Services Union (ASU). 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 Rizzo 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 2018, 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 Linda White made on behalf of the ASU, as an employee organisation in relation to the application. I also note that the Agreement contains a flexibility term at clause 7.5 and a consultation term at clause 7.4.

[8] 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.

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

[10] 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 1.1 (c) of the Agreement the nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The case involves an application by dnata Airport Services Pty. Limited for the approval of the dnata Passenger Services NSW Enterprise Agreement 2017. This application was brought before the Fair Work Commission (FWC) by the company, which sought to have the agreement recognised as a certified agreement under the Fair Work Act 2009. The applicant, dnata, is an international airport services provider, and the dispute centred around the terms of the proposed enterprise agreement affecting its employees in New South Wales.

The legal issues the court was required to decide included whether the proposed agreement met the statutory requirements for certification as a protected action agreement. Specifically, the FWC had to consider if the agreement contained the necessary provisions for employee representation, provided for a fair and reasonable process for resolving disputes, and contained other mandatory terms as prescribed by the Act. Additionally, the court needed to determine if the agreement had been made in good faith and whether it complied with the procedural requirements for registration.

The FWC, after examining the provisions of the agreement, found that it contained the necessary elements required by the Act, including provisions for employee representation and a fair dispute resolution process. The court also found that the agreement had been made in good faith and that the procedural requirements for registration had been satisfied. Given these findings, the FWC approved the application and certified the dnata Passenger Services NSW Enterprise Agreement 2017 as a protected action agreement.

As a result of the FWC's decision, the dnata Passenger Services NSW Enterprise Agreement 2017 was approved and registered, thereby becoming a legally binding agreement between the company and its employees in New South Wales. The approval ensures that the terms of the agreement are enforceable and that the rights and obligations of both parties are clearly defined.

dnata Airport Services Pty. Limited

DECISION

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