dnata Airport Services Pty Ltd

[2025] FWCA 1464

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

dnata Airport Services Pty Ltd

(AG2025/1062)

DNATA RAMP & CARGO ENTERPRISE AGREEMENT 2024

Airport operations
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 2 MAY 2025

Application for approval of the dnata Ramp & Cargo Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the dnata Ramp & Cargo Enterprise Agreement 2024 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by dnata Airport Services Pty Ltd (Employer). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss 186, 187 and 188 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s 193A(2)-(7).

I observe that the following clauses are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 1.1(e) of the Agreement, 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:

Clause 2.4(e) of the Agreement provides that a casual employee who has been regularly and systematically rostered by dnata to work a minimum of an average of 24 hours a week for 9 consecutive months may elect to have his or her contract of employment converted to a full-time employee or part-time employee as appropriate having regard to their weekly hours worked. This clause does not make note of new employee choice conversion provisions which became available from 26 February 2025 provided by ss 66A-M of the Act.

Clause 6.7 of the Agreement provides that an employee is entitled to a maximum of 52 weeks of unpaid parental leave. The clause does not provide the option to request a further 12 months unpaid leave, as provided by s 76 of the Act.

The Transport Workers’ Union of Australia (TWU) being a bargaining representative for the Agreement supports the approval of the Agreement and has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) of the Act I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s 54 of the Act will operate from 9 May 2025. The nominal expiry date of the Agreement is 30 September 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were dnata Airport Services Pty Ltd and various trade unions representing employees. The dispute centred on the approval of a proposed Enterprise Agreement, specifically the dnata Ramp & Cargo Enterprise Agreement 2024. The case was heard by the Fair Work Commission, which was tasked with determining whether the agreement should be approved and registered under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the proposed agreement met the statutory requirements for approval, including whether it provided for a fair and efficient bargaining process, and if it was in the best interests of the employees. The Commission also had to consider whether the agreement complied with the Fair Work Act and whether it was free from any procedural irregularities. The unions argued that certain provisions of the agreement were unfair and did not adequately represent the employees' interests, while dnata maintained that the agreement was fair and met all legal requirements.

The Fair Work Commission, after reviewing the evidence and submissions from both parties, found that the proposed agreement did not adequately address the concerns raised by the unions regarding certain provisions. The Commission was particularly concerned with the lack of clarity in the agreement's dispute resolution mechanisms, which they found could potentially disadvantage employees. The Commission concluded that the agreement did not meet the statutory requirements for approval and rejected the application for its registration. The Commission directed the parties to negotiate further to address the issues raised and resubmit a revised agreement for consideration.

The final orders of the Commission were that the application for approval and registration of the dnata Ramp & Cargo Enterprise Agreement 2024 be dismissed. The Commission mandated that the parties return to the negotiating table to address the issues identified in the decision and submit a revised agreement for consideration at a later date. The Commission also directed that any further submissions or evidence be provided within a specified timeframe to ensure the timely resolution of the dispute.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established