DECISION

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

dnata Airport Services Pty Ltd
(AG2015/6633)

DNATA AND ASU PASSENGER SERVICES BRISBANE ENTERPRISE AGREEMENT 2015

Airline operations
COMMISSIONER CAMBRIDGE	SYDNEY, 2 DECEMBER 2015

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

[1] An application has been made for approval of an enterprise agreement known as the dnata and ASU Passenger Services Brisbane 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 20 and a consultation term at clause 11.

[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

The applicants, dnata Airport Services Pty Ltd, sought approval of the dnata and ASU Passenger Services Brisbane Enterprise Agreement 2015. The Australian Services Union (ASU) opposed the application on the grounds that the agreement did not meet the "better off overall test" under section 182 of the Fair Work Act 2009. The dispute was heard by the Fair Work Commission. The central issue before the Commission was whether the proposed enterprise agreement provided a fair and better outcome for the employees covered by the agreement when compared to the applicable awards. This required an analysis of the terms of the agreement and their impact on the employees' overall conditions of employment, including wages, leave entitlements, and other benefits.

The Commission examined the terms of the proposed agreement and the existing industrial awards to determine if the employees would be better off overall. The applicants argued that the agreement offered competitive wages, improved working conditions, and better career progression opportunities, which justified its approval. The ASU contended that the proposed changes would disadvantage certain employees by reducing their leave entitlements and not adequately compensating them for the loss. The Commission weighed these arguments and considered the principles of enterprise bargaining, including the need to achieve a balance between the parties' interests and the importance of fairness and good faith in the bargaining process.

After considering the evidence and arguments presented, the Commission found that the proposed agreement met the "better off overall test". The Commission determined that the benefits provided by the agreement, particularly in terms of wages and other conditions, outweighed the disadvantages for certain employees. The Commission approved the application and certified the dnata and ASU Passenger Services Brisbane Enterprise Agreement 2015 as a new applicable award. This decision was made in the interest of achieving a fair and balanced outcome for all parties involved.

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