(iii) the legal context in which the agreement was concluded and in which it operates. 3.47 Dnata added that there was nothing unusual in the industry and confirmed that the AHSA enterprise agreement had been put in place “as a model of operation different from the current employment conditions of the DAS. [42] When the AWU was informed that the agreement had been submitted for approval by the Fair Work Commission, it was submitted to the Commission, which objected to the approval of the agreement. Sodexo finally recognized this application and ended the application in early 2018. The battle began in July 2017, when Sodexo tried to replace its enterprise agreement, which covers its offshore activities. (i) evidence relating to previous negotiations, to the extent that negotiations tend to establish substantive objective information known to all parties and to the purpose of the agreement; (ii) notorious facts of which knowledge may be suspected; and (iii) evidence of common contemplation issues and joint adoption. 3.44 The Victorian Private Sector Branch of the Australian Services Union (ASU) examined the case of Dnata Australia, an Emirates Group stopover assistance company. The company is said to have created a subsidiary, Airport Handling Services Australia Pty Ltd (AHSA), to provide with this new unit for work and to have the enterprise agreements of only two employees coordinated:[38] 3.57 Essentially, employers are putting pressure on wage rates by entering into separate agreements for groups of workers performing the same work. In practice, this means that two, three or more workers can do the same work in the same workplace for different pay levels.

Gradually, the employer will recruit new workers in the cohort covered by the most unfavourable agreement: the now established practice of entering into agreements with a very small number of workers is in principle to exclude unions from the contracting process and to use the fact that no negotiation can take place during the duration of an agreement… United Voice believes that many of these types of agreements are entered into to support the hiring of workers who are tendered for work. It appears that this undermines the basis of the statutory collective agreement, while allowing workers to make potential users of their services understand that they can provide conditions and conditions that cannot be disrupted by any form of collective action. [13] 3.19 In an example cited by United Voice, Broadspectrum Australia Pty Ltd submitted an enterprise agreement – the JBU agreement – to the FWC in July 2016 for approval. The agreement applied to prison officers in the “Justice… Commonwealth of Australia,” but did not indicate any specific personnel. At the time of the agreement, Broadspectrum was not busy in Australia with private prison work – the company tried to enter into an enterprise agreement before the potential workforce started working. [17] 3.2 It is precisely for this reason that some employers prefer to negotiate with individual workers, as this distorts the balance of power between the two parties in favour of the employer. This is demonstrated by the help of some employers in concluding legal individual agreements called Australian Labour Agreements (AWAs).