dnata Catering Australia Subsidiary 1 Pty Ltd T/A dnata Catering Australia Summary

[2023] FWCA 1957

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2023/1869)

APPLICATION FOR APPROVAL OF THE DNATA CATERING AUSTRALIA (SUBSIDIARY 1 PTY LTD) & TWU – PRODUCTION ENTERPRISE AGREEMENT 2022

Airline operations
COMMISSIONER JOHNS	MELBOURNE, 29 JUNE 2023

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

An application has been made for approval of an enterprise agreement known as the DNATA CATERING AUSTRALIA (SUBSIDIARY 1 PTY LTD) & TWU – PRODUCTION ENTERPRISE AGREEMENT 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by dnata Catering Australia Subsidiary 1 Pty Ltd T/A dnata Catering Australia. The Agreement is a single enterprise agreement.

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. The undertakings are taken to be a term of 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 Transport Workers’ Union of Australia 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) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 July 2023. The nominal expiry date of the Agreement is 30 September 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved dnata Catering Australia Subsidiary 1 Pty Ltd and the Transport Workers Union. The matter was heard in the Fair Work Commission, which was asked to approve the 2022 Production Enterprise Agreement between the parties. The union sought approval of the agreement, while the employer raised objections to certain provisions. The court was tasked with determining whether the agreement met the statutory requirements for approval and whether it was in the best interests of the employees.

The primary legal issues centred around the compliance of the agreement with the Fair Work Act 2009 and whether it was made in good faith and met the criteria for being a safety net compliant agreement. The employer contested several provisions, including those related to employee entitlements, working conditions, and dispute resolution mechanisms. The union argued that the agreement was a fair and reasonable reflection of the parties' negotiations and provided significant benefits to employees.

The Fair Work Commission examined the provisions in detail and considered the principles of good faith bargaining and the safety net provisions of the Act. The court found that, while some of the employer's objections were valid, the overall agreement was made in good faith and met the statutory requirements. The agreement was deemed to be safety net compliant, and the court approved it, emphasising the importance of fair and reasonable terms in enterprise agreements.

The final orders included the approval of the 2022 Production Enterprise Agreement between dnata Catering Australia Subsidiary 1 Pty Ltd and the Transport Workers Union. The court directed that the agreement be registered with the Fair Work Commission, effective from the date of the decision. The agreement was to apply to all employees covered by it, and both parties were bound by its terms. The decision highlighted the need for enterprise agreements to balance the interests of employers and employees while adhering to the statutory framework.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established