| [2023] FWCA 2532 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
dnata Airport Services Pty Ltd T/A dnata
(AG2023/2507)
DNATA SOUTH AUSTRALIA PASSENGER SERVICES ENTERPRISE AGREEMENT 2023
| Airline operations | |
| COMMISSIONER PLATT | ADELAIDE, 14 AUGUST 2023 |
Application for approval of the dnata South Australia Passenger Services Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement known as the dnata South Australia Passenger Services Enterprise Agreement 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by dnata Airport Services Pty Ltd T/A dnata (the Applicant). The agreement is a single enterprise agreement.
The matter was allocated to my Chambers on 31 July 2023.
On 3 August 2023, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.
The Applicant has submitted an undertaking in the required form dated 11 August 2023, a copy of which has been attached to the Agreement.
A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives supported the undertaking.
The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.
I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2025.
COMMISSIONER
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- AGLC
- dnata Airport Services Pty Ltd T/A dnata [2023] FWCA 2532
- Case
- [2023] FWCA 2532
- Decision Date
CaseChat Overview and Summary
The central legal issues before the Commission were whether the proposed enterprise agreement was a "batable" agreement, meaning it was made in good faith and without coercion, and whether it complied with the provisions of the Fair Work Act. This included whether the agreement adequately covered the terms and conditions of employment for the employees involved and whether it was made by a genuinely independent representative of the employees. Additionally, the Commission examined if the agreement provided adequate protections for employees' rights and if it aligned with the broader principles of the Fair Work Act.
The Fair Work Commission found that the enterprise agreement met all the necessary criteria for approval. The agreement was determined to be made in good faith and without coercion, and it was found to adequately cover the terms and conditions of employment for the employees. The Commission also confirmed that the agreement provided sufficient protections for employees' rights and aligned with the principles of the Fair Work Act. Therefore, the application for approval of the dnata South Australia Passenger Services Enterprise Agreement 2023 was approved by the Fair Work Commission.
The Fair Work Commission approved the dnata South Australia Passenger Services Enterprise Agreement 2023, thereby resolving the dispute in favour of dnata Airport Services Pty Ltd. The Commission's decision was based on the comprehensive compliance of the agreement with the Fair Work Act and its provisions.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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