DECISION

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

dnata Airport Services Pty Ltd
(AG2015/6634)

DNATA / ASU PASSENGER SERVICES NEW SOUTH WALES ENTERPRISE AGREEMENT 2015

Airline operations
COMMISSIONER CAMBRIDGE	SYDNEY, 2 DECEMBER 2015

Application for approval of the dnata / ASU Passenger Services New South Wales Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the dnata / ASU Passenger Services New South Wales 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 19 and a consultation term at clause 17.

[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/ASU Passenger Services New South Wales Enterprise Agreement 2015. The dispute arose between the applicant, dnata Airport Services Pty Ltd, and the Australian Services Union (ASU), representing the employees of dnata in New South Wales. The primary issue at hand was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009, particularly concerning the provisions that were deemed to be outside the scope of the agreement's coverage.

The legal issues that the Commission needed to address included whether the agreement adequately covered all mandatory terms and conditions of employment, the validity of certain exclusions, and whether the agreement met the requirements for simplification and clarity as stipulated by the Fair Work Act. Additionally, the Commission had to consider whether the agreement complied with the minimum standards set forth by the Act, including provisions on wages, penalty rates, and other employment conditions.

In its decision, the Commission carefully examined the provisions of the agreement and found that while most of the agreement was in compliance with the Act, certain exclusions and provisions did not meet the required standards. The Commission highlighted that while some exclusions were permissible, others were not appropriately justified or necessary for the agreement's operation. After considering the submissions from both parties, the Commission approved the agreement with certain modifications. These modifications ensured that the agreement complied with the mandatory requirements of the Act, including the removal or amendment of non-compliant exclusions and the inclusion of additional provisions to meet the clarity and simplification standards. The final orders of the Commission mandated that the enterprise agreement be implemented with the specified modifications, ensuring that it adhered to the statutory requirements and provided fair terms and conditions for the employees.

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