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austlii:cth/FWCA/2025/3551
General information, not legal advice.
FWCA
2025-10-23
Original judgment source is linked above.
The attached document replaces the document previously issued with the above code on 23 October 2025.
s.185 - Application for approval of a single-enterprise agreement
DNATA SOUTH AUSTRALIA PASSENGER SERVICES ENTERPRISE AGREEMENT 2025
Application for approval of the dnata South Australia Passenger Services Enterprise Agreement 2025
[1] An application has been made for approval of an enterprise agreement known as the dnata South Australia Passenger Services Enterprise Agreement 2025 (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 (the Applicant). The Agreement is a single enterprise agreement.
[2] The copy of the Agreement filed with the application for approval did not contain a signed signature page as required in accordance with s.185 of the Act and Regulation 2.06A of the Fair Work Regulations 2009. An amended signature page was later filed that met the requirements of the Act and Regulations. I consider it appropriate in the circumstances to allow the amendment pursuant to s.586(a) of the Act.
[3] The Applicant has provided written undertakings. 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.
[4] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
[5] The Agreement does not contain a Delegates' Rights Term that is consistent with sections 205A(2) and (3) of the Act. Pursuant to s.205A(2), the Workplace Delegates' Rights term in Clause 31A of the Airline Operations - Ground Staff Award 2020 is taken to be a term of the Agreement.
[6] Noting that the Applicant has given undertakings that includes the insertion of a National Employment Standards (NES) precedent clause, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.
[7] The Agreement is approved and will operate in accordance with s.54 of the Act from 30 October 2025. The nominal expiry date of the Agreement is 30 June 2028.
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