Dnata Catering Australia Subsidiary 1 Pty Ltd T/A Dnata Catering Australia

[2023] FWCA 1579

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Dnata Catering Australia Subsidiary 1 Pty Ltd T/A Dnata Catering Australia

(AG2023/1247)

DNATA CATERING AUSTRALIA (SUBSIDIARY 1 PTY LTD) & TWU ENTERPRISE AGREEMENT 2022

Airline operations
COMMISSIONER MCKINNON	SYDNEY, 1 JUNE 2023

Application for approval of the dnata Catering Australia (Subsidiary 1 Pty Ltd) & TWU Enterprise Agreement 2022

Dnata Catering Australia Subsidiary 1 Pty Ltd T/A Dnata Catering Australia has applied for approval of a single enterprise agreement known as the dnata Catering Australia (Subsidiary 1 Pty Ltd) & TWU Enterprise Agreement 2022 (the Agreement).

Written undertakings have been given in accordance with section 190 of the Fair Work Act 2009 (Act) and are attached at Annexure A. I am satisfied that the undertakings are not likely to cause financial detriment to any employee covered by the Agreement and do not result in substantial changes to the Agreement. The undertakings are taken to be terms of the Agreement.

With the undertakings now given, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

The Agreement is approved and will operate from 8 June 2023. The nominal expiry date of the Agreement is 30 September 2024.

The Agreement covers the Transport Workers’ Union of Australia.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves an application for the approval of an enterprise agreement between Dnata Catering Australia Subsidiary 1 Pty Ltd, trading as Dnata Catering Australia, and the Transport Workers Union (TWU). The application was heard in the Fair Work Commission (FWC), Australia's independent national workplace relations tribunal. The primary issue before the Commission was whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement met the requirements for good faith bargaining, whether it provided for fair and reasonable terms and conditions, and if it adhered to the provisions for protected industrial action.

The Commission examined the evidence and submissions from both parties, considering the nature of the bargaining process, the terms of the agreement, and the implications for the workforce. In its decision, the FWC found that the agreement was the product of good faith bargaining between the parties, contained fair and reasonable terms and conditions, and complied with the statutory requirements for approval. The Commission also considered the impact of the agreement on the employees and the broader industry, concluding that the proposed agreement was in the best interests of the employees and the business.

Consequently, the FWC approved the Dnata Catering Australia (Subsidiary 1 Pty Ltd) & TWU Enterprise Agreement 2022. The agreement, which sets out the terms and conditions of employment for the employees covered by the agreement, will now be registered and enforceable under the Fair Work Act 2009. The decision provides clarity and certainty for both the employer and the employees, ensuring that the agreement will operate effectively in the workplace.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established