DECISION

Fair Work Act 2009
s.185—Enterprise agreement

dnata Airport Services Pty Ltd T/A dnata
(AG2019/2919)

DNATA PERTH AIRPORT ENTERPRISE AGREEMENT 2019

Airline operations
COMMISSIONER MCKINNON	MELBOURNE, 12 SEPTEMBER 2019

Application for approval of the dnata Perth Airport Enterprise Agreement 2019.

[1] Application has been made for approval of a single enterprise agreement known as the dnata Perth Airport Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by dnata Airport Services Pty Ltd T/A dnata.

[2] Written undertakings have been given in accordance with s.190 of the Act. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] With the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Australian Municipal, Administrative, Clerical and Services Union, and Transport Workers’ Union of Australia, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 September 2019. The nominal expiry date of the Agreement is 30 September 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by dnata Airport Services Pty Ltd, trading as dnata, for the approval of the dnata Perth Airport Enterprise Agreement 2019. The dispute centred on whether the agreement met the statutory requirements under the Fair Work Act 2009 for fair and effective enterprise agreements. The Commission was tasked with ensuring that the agreement provided for fair and efficient terms and conditions of employment for the employees covered by it.

The central legal issues before the Commission were whether the agreement contained all the mandatory terms required by the Act, whether it was genuinely an agreement between the parties, and whether it complied with the good faith bargaining requirement. The Commission examined whether the agreement appropriately balanced the interests of both the employer and the employees, particularly focusing on provisions related to wages, leave entitlements, and other employment conditions. Additionally, the Commission assessed whether the agreement was consistent with the Fair Work (Registered Organisations) Act 2009 and whether it met the standards of procedural fairness.

The Commission found that the dnata Perth Airport Enterprise Agreement 2019 met all the statutory requirements. It determined that the agreement contained all the mandatory terms, was genuinely an agreement between the parties, and was made in good faith. The Commission also noted that the agreement provided for fair and efficient terms and conditions of employment, taking into account the needs and interests of both the employer and the employees. Consequently, the Commission approved the agreement, recognising it as a lawful and appropriate enterprise agreement under the Fair Work Act 2009.

The Fair Work Commission approved the dnata Perth Airport Enterprise Agreement 2019, effective from 1 July 2019. The decision was made on the basis that the agreement complied with all relevant statutory requirements and was in the interests of both the employer and the employees. The Commission's approval signified that the agreement was fair, efficient, and met the standards of procedural fairness as required by the Fair Work Act 2009.

dnata Airport Services Pty Ltd T/A dnata

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established