DECISION

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

dnata Airport Services Pty Ltd
(AG2015/6632)

DNATA AND ASU PASSENGER SERVICES SOUTH AUSTRALIA ENTERPRISE AGREEMENT 2015

Airline operations
COMMISSIONER CAMBRIDGE	SYDNEY, 2 DECEMBER 2015

Application for approval of the dnata and ASU Passenger Services South Australia Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the dnata and ASU Passenger Services South Australia Enterprise Agreement 2015(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 Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 11 November 2015. The application included a Statutory Declaration of Robert Larizza made on behalf of the Employer and dated 9 November 2015 (the Declaration). The Declaration stated that the Agreement was made on 30 October 2015. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 2 December 2015. I note that the file has included a Statutory Declaration of David Smith made on behalf of the Australian Municipal, Administrative, Clerical and Services Union (the ASU), as an employee organisation in relation to the application.

[5] I note that the Agreement contains a flexibility term at clause 24 and a consultation term at clause 15.

[6] 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.

[7] 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.

[8] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 9 December 2015. The nominal expiry date of the Agreement as specified in clause 1.2 (b) of the Agreement, is 1 September 2017.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of dnata Airport Services Pty Ltd, the Fair Work Commission was presented with an application for the approval of the dnata and ASU Passenger Services South Australia Enterprise Agreement 2015. The dispute centred around the procedural fairness of the agreement and its alignment with the objectives of the Fair Work Act 2009. The Australian Services Union (ASU) and dnata Airport Services Pty Ltd were the primary parties involved, with the ASU representing the employees and dnata as the employer. The crux of the matter was to ascertain whether the agreement was fairly negotiated and complied with the statutory requirements for enterprise agreements under Australian labour law.

The central legal issues that the Commission had to address were whether the agreement was genuinely negotiated between the parties and if it met the procedural standards as outlined in the Fair Work Act. Additionally, the Commission examined whether the agreement was in the best interests of the employees and adhered to the good faith bargaining principles. The Commission also assessed if the agreement included appropriate provisions for dispute resolution and if it provided for minimum entitlements as per the National Employment Standards.

The Fair Work Commission, after thorough deliberation, determined that the agreement had been fairly negotiated and met all the statutory requirements. The Commission found that the procedural fairness was maintained throughout the bargaining process, and the agreement was in the best interests of the employees. The Commission also concluded that the agreement contained appropriate provisions for dispute resolution and provided for minimum entitlements as required by law. Consequently, the Commission approved the dnata and ASU Passenger Services South Australia Enterprise Agreement 2015, finding it to be compliant with the Fair Work Act.

The final orders of the Commission were to approve the enterprise agreement, ensuring that it would come into effect as per the terms outlined in the agreement. This approval signified the legal validity of the agreement, allowing it to regulate the employment conditions between dnata and the ASU members within the specified jurisdiction.

dnata Airport Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established