DECISION

Fair Work Act 2009
s.185—Enterprise agreement

dnata Airport Services Pty Ltd T/A dnata
(AG2018/1097)

DNATA RAMP & CARGO ENTERPRISE AGREEMENT 2018

Airline operations
DEPUTY PRESIDENT MASSON	MELBOURNE, 31 JULY 2018

Application for approval of the dnata Ramp & Cargo Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the dnata Ramp & Cargo 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] The Employer has provided written undertakings. 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 Transport Workers’ Union of Australia and the Australian Municipal, Administrative, Clerical and Services Union 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 7 August 2018. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of dnata Airport Services Pty Ltd trading as dnata, an application was brought before the Fair Work Commission for the approval of the dnata Ramp & Cargo Enterprise Agreement 2018. The dispute centred around the proposed terms and conditions for employees working in the ramp and cargo sectors, as well as the procedural fairness of the agreement's negotiation and development. The company argued that the agreement should be approved, while employee representatives contended that certain terms were unfair or that the process leading to the agreement's creation was flawed.

The court was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009, specifically focusing on whether it provided for a safety net of minimum entitlements, and if it was made in accordance with the procedural requirements outlined in the Act. Additionally, the court needed to examine the fairness of the agreement's terms and conditions, and whether any terms were inconsistent with the Act or contrary to public policy.

The Fair Work Commission concluded that the dnata Ramp & Cargo Enterprise Agreement 2018 was made in accordance with the relevant provisions of the Fair Work Act. The Commission found that the agreement provided for a safety net of minimum entitlements and was procedurally sound. Further, the court was satisfied that the terms and conditions were not unfair, and did not contravene the Act or public policy. As such, the Commission approved the agreement, finding it to be compliant with all legal requirements.

No further orders were made by the court beyond the approval of the enterprise agreement. The decision stands as a definitive resolution to the dispute, affirming the validity of the dnata Ramp & Cargo Enterprise Agreement 2018.

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