Australian Federation of Air Pilots v Toll Remote Logistics Pty Ltd T/A Toll Helicopters

[2023] FWC 431

[2023] FWC 431

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Australian Federation of Air Pilots
v

Toll Remote Logistics Pty Ltd T/A Toll Helicopters

(B2023/126)

VICE PRESIDENT CATANZARITI SYDNEY, 21 FEBRUARY 2023

Proposed protected action ballot of employees of Toll Remote Logistics Pty Ltd T/A Toll Helicopters

1. This is an application by the Australian Federation of Air Pilots (Applicant) made under s.437 of the Fair Work Act 2009 (Cth) (Act) for a protected action ballot order in relation to certain employees of Toll Remote Logistics Pty Ltd T/A Toll Helicopters (Respondent).

1. On 20 February 2023, the Fair Work Commission was advised that the Respondent did not oppose the application.

1. In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

1. On the basis of the material before me, including the statutory declaration of David Stephens of the Applicant declared on 17 February 2023, setting out the steps taken by it in bargaining with the Respondent and that it has been, and is, genuinely trying to reach agreement with the Respondent, I am satisfied that there is a notification time in relation to the proposed agreement and that the requirements in s.443(1) of the Act have been met.

1. An Order has been separately issued in PR750966.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR750965>