dnata Airport Services Pty Ltd

[2025] FWCA 1464

[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

1. 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.

1. 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). 

1. 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.

1. 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.

1. 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

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