DECISION

Fair Work Act 2009
s.185—Enterprise agreement

dnata Airport Services Pty Ltd T/A dnata
(AG2018/3349)

DNATA SOUTH AUSTRALIA PASSENGER SERVICES ENTERPRISE AGREEMENT 2018

Airline operations
COMMISSIONER MCKINNON	MELBOURNE, 5 DECEMBER 2018

Application for approval of the dnata South Australia Passenger Services Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the dnata South Australia Passenger Services Enterprise Agreement 2018 (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 T/A dnata. The Agreement is a single enterprise agreement.

[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.

[3] Subject to 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 being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 December 2018. The nominal expiry date of the Agreement is 1 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved dnata Airport Services Pty Ltd T/A dnata, seeking approval for the dnata South Australia Passenger Services Enterprise Agreement 2018. The applicant argued that the agreement contained terms that were necessary and appropriate to ensure the efficient, productive and flexible operation of the workplace. The applicant claimed the agreement included provisions that would promote a cooperative workplace and address the changing nature of the industry, ensuring employees were well-equipped to handle the demands of their roles.

The primary legal issue was whether the terms of the enterprise agreement were appropriate for the efficient, productive and flexible operation of the workplace. The Commission had to consider the need for the agreement's terms to ensure these objectives, and whether they promoted a cooperative workplace and addressed the evolving nature of the industry. The Commission also needed to determine whether the agreement adequately protected employees' rights and interests, and whether the process leading to the agreement was fair and reasonable.

The Fair Work Commission found that the terms of the enterprise agreement were appropriate for the efficient, productive and flexible operation of the workplace. The Commission concluded that the agreement's provisions promoted a cooperative workplace and addressed the changing nature of the industry. The Commission also found that the agreement adequately protected employees' rights and interests, and that the process leading to the agreement was fair and reasonable. The Commission approved the dnata South Australia Passenger Services Enterprise Agreement 2018.

The Fair Work Commission approved the dnata South Australia Passenger Services Enterprise Agreement 2018, recognising that the agreement's terms were necessary and appropriate for the efficient, productive and flexible operation of the workplace. The Commission also found that the agreement promoted a cooperative workplace and addressed the evolving nature of the industry, while adequately protecting employees' rights and interests. The approval of the enterprise agreement ensures that the parties can move forward with a clear and agreed-upon framework for their workplace relations.

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