dnata Airport Services Pty Ltd

[2015] FWCA 4693

[2015] FWCA 4693

FAIR WORK COMMISSION

DECISION

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

dnata Airport Services Pty Ltd
(AG2015/3630)

DNATA AIRPORT SERVICES RAMP AND CARGO ENTERPRISE AGREEMENT 2015 -2017

Airline operations
COMMISSIONER CAMBRIDGE	SYDNEY, 13 JULY 2015

Application for approval of the dnata Airport Services Ramp and Cargo Enterprise Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the dnata Airport Services Ramp and Cargo Enterprise Agreement 2015 -2017(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 19 June 2015. The application included a Statutory Declaration of Robert Larizza made on behalf of the Employer and dated 12 June 2015 (the Declaration). The Declaration stated that the Agreement was made on 9 June 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 13 July 2015. I note that the file has included a Statutory Declaration of Glenn Nightingale made on behalf of the Transport Workers' Union of Australia (the TWU), as an employee organisation in relation to the application. I also note that the file has included a Statutory Declaration of Greg McLean 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 29 and a consultation term at clause 38.

[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 TWU and the ASU, being bargaining representatives for the Agreement, has each given notice under s.183 of the Act that each wants the Agreement to cover it. As required by subsection 201 (2) of the Act I note that the Agreement covers the TWU and the ASU.

[8] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 20 July 2015. The nominal expiry date of the Agreement as specified in clause 3.1 of the Agreement, is 30 June 2017.

COMMISSIONER

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