dnata Airport Services Pty Ltd Trading AS dnata

DNATA PERTH AIRPORT PASSENGER SERVICES ENTERPRISE AGREEMENT 2025

Application for approval of the dnata Perth Airport Passenger Services Enterprise Agreement 2025

[1] dnata Airport Services Pty Ltd Trading AS dnata (the Applicant) has made an application for the approval of an enterprise agreement known as the dnata Perth Airport Passenger Services Enterprise Agreement 2025 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] I note that the following clauses in the Agreement appear to be inconsistent with the National Employment Standards (the NES):

• (a) Annual leave: Clause 6.1 expresses the entitlement to annual leave in hours rather than weeks as per s 87 of the Act.

• (b) Personal leave: Clause 6.2 of the Agreement expresses the entitlement to personal leave in hours. This appears to be inconsistent with s 96 of the Act which provides that personal leave is taken in days not hours.

• (c) Withholding monies at termination: Clause 7.1(e) appears to provide that in the case of termination, where an employee fails to give the required notice, the employer may withhold from any monies due to the employee an amount not exceeding the amount they would have been paid for the period of notice. This clause does not appear to limit the source of monies which may be deducted. The effect of this is that the employer may withhold monies owing to the employee under the NES.

[4] However, I am satisfied that under clause 1.1(e) of the Agreement, the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement contains a delegates' rights term, as required by s 205A(1) of the Act. However, given the decision of the Full Court of the Federal Court in Construction, Forestry and Maritime Employees Union v Australian Industry Group [2025] FCAFC 187, and recent variations issued by the Fair Work Commission Full Bench in AM2024/6 and AM2025/28_,_ I put to the parties my view that the Agreement term is less favourable than the workplace delegates' rights term in the applicable award, and thus the award delegates' rights term should be inserted. The parties did not contest this. Accordingly, under s 205A(2) of the Act, Clause 31A of the Airline Operations - Ground Staff Award 2020 is taken to be a term of the Agreement.

[6] The Transport Workers' Union of Australia and the Australian Municipal, Administrative, Clerical and Services Union (together, the organisations), 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), and based on the declarations provided by the organisations, I note that the organisations are covered by the Agreement.

[7] The Agreement was approved on 2 February 2026 and, in accordance with s 54, will operate from 9 February 2026. The nominal expiry date of the Agreement is 31 August 2029.

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