dnata Airport Services Pty Ltd T/A dnata

[2018] FWCA 7411

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

dnata Airport Services Pty Ltd T/A dnata

(AG2018/3352)

DNATA BRISBANE PASSENGER SERVICES ENTERPRISE AGREEMENT 2018

Airline operations
COMMISSIONER MCKINNON	MELBOURNE, 5 DECEMBER 2018

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

An application has been made for approval of an enterprise agreement known as the dnata Brisbane 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.

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.

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.

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.

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

In the matter of dnata Airport Services Pty Ltd T/A dnata, the Fair Work Commission was presented with an application for the approval of the dnata Brisbane Passenger Services Enterprise Agreement 2018. The dispute centred on whether the proposed enterprise agreement met the statutory criteria for approval under the Fair Work Act 2009. The applicant, dnata Airport Services, sought to have the agreement recognised as a lawful and fair enterprise agreement.

The central legal issues before the Commission were whether the agreement complied with the procedural requirements for making an enterprise agreement and whether it contained the necessary minimum terms and conditions as prescribed by the Act. Specifically, the Commission needed to determine if the agreement was made in good faith, if it was free from prohibited content, and if it included the mandated minimum terms. Additionally, the Commission had to consider whether the agreement was made in accordance with the proper procedures, including adequate consultation and notice provisions.

The Commission found that the agreement was procedurally sound and contained all the required minimum terms. It concluded that the agreement was made in good faith, did not include any prohibited content, and satisfied all legislative requirements. The Commission noted that there was sufficient evidence of proper consultation and that the agreement was not only fair but also beneficial to the employees by providing them with a comprehensive set of terms and conditions. Consequently, the Commission approved the dnata Brisbane Passenger Services Enterprise Agreement 2018.

The Fair Work Commission ordered that the dnata Brisbane Passenger Services Enterprise Agreement 2018 be approved and registered. This decision was made on the basis that the agreement was lawful, fair, and met all statutory requirements under the Fair Work Act 2009. The approval of the agreement now allows it to be in effect, providing a clear framework for the employment conditions of the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established