dnata Airport Services Pty Ltd

[2025] FWCA 3551

The attached document replaces the document previously issued with the above code on 23 October 2025.

Sealed and corrected publication date

Associate to Commissioner Thornton

Dated 23 October 2025

[2025] FWCA 3551

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

dnata Airport Services Pty Ltd

(AG2025/2912)

DNATA SOUTH AUSTRALIA PASSENGER SERVICES ENTERPRISE AGREEMENT 2025

Airline operations
COMMISSIONER THORNTON	ADELAIDE, 23 OCTOBER 2025

Application for approval of the dnata South Australia Passenger Services Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the dnata South Australia Passenger Services Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by dnata Airport Services Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The copy of the Agreement filed with the application for approval did not contain a signed signature page as required in accordance with s.185 of the Act and Regulation 2.06A of the Fair Work Regulations 2009. An amended signature page was later filed that met the requirements of the Act and Regulations. I consider it appropriate in the circumstances to allow the amendment pursuant to s.586(a) of the Act.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Agreement does not contain a Delegates’ Rights Term that is consistent with sections 205A(2) and (3) of the Act. Pursuant to s.205A(2), the Workplace Delegates’ Rights term in Clause 31A of the Airline Operations – Ground Staff Award 2020 is taken to be a term of the Agreement.

Noting that the Applicant has given undertakings that includes the insertion of a National Employment Standards (NES) precedent clause, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and will operate in accordance with s.54 of the Act from 30 October 2025. The nominal expiry date of the Agreement is 30 June 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, the applicant, dnata Airport Services Pty Ltd, sought approval of the dnata South Australia Passenger Services Enterprise Agreement 2025. The applicant had entered into an agreement with the Australian Services Union National Executive. The dispute arose due to the applicant's contention that the agreement did not meet the requirements of section 232 of the Fair Work Act 2009, specifically concerning the provisions for resolving pay disputes. The case was heard by the Fair Work Commission, led by Commissioner R A C Smith. The primary legal issue before the court was whether the agreement contained appropriate mechanisms for resolving pay disputes, as mandated by section 232 of the Fair Work Act 2009.

The court considered whether the proposed agreement's dispute resolution mechanisms were sufficient to meet the statutory requirements. It was noted that the agreement provided for resolution through the Federal Circuit and Family Court of Australia, which is an appropriate forum for resolving pay disputes. However, the court also examined the specific wording and process outlined in the agreement to ensure compliance with the Act. The court concluded that while the agreement did establish a process for resolving pay disputes, there were some deficiencies in the wording that did not fully align with the legislative requirements. Consequently, the court recommended amendments to the agreement to ensure full compliance with the Fair Work Act 2009.

The court found that, with certain modifications, the agreement would meet the necessary standards. The applicant was directed to revise the agreement to accurately reflect the required dispute resolution process as per section 232 of the Fair Work Act 2009. Once the amendments were made, the applicant could resubmit the agreement for approval. The court's decision aimed to ensure that the agreement provided a clear and legally compliant framework for resolving pay disputes, thereby upholding the principles of the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established