DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toll Aviation Engineering Pty Ltd
(AG2018/2317)

TOLL AVIATION AIRCRAFT MAINTENANCE ENTERPRISE AGREEMENT 2018

Airline operations
COMMISSIONER LEE	MELBOURNE, 3 OCTOBER 2018

Application for approval of the Toll Aviation Aircraft Maintenance Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Toll Aviation Aircraft Maintenance Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Toll Aviation Engineering Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The Australian Licensed Aircraft Engineers Association 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 October 2018. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Toll Aviation Engineering Pty Ltd, sought approval of the Toll Aviation Aircraft Maintenance Enterprise Agreement 2018 under the Fair Work Act 2009. The respondent, Australian Council of Trade Unions, opposed the approval, raising concerns about the agreement's provisions regarding employee entitlements and working conditions. The matter was heard in the Federal Circuit Court of Australia.

The primary legal issue before the court was whether the provisions of the proposed agreement complied with the requirements of the Fair Work Act 2009, specifically whether it met the "better off overall test" and was "fair and appropriate." The court had to examine the agreement's terms and consider whether they provided for fair and reasonable working conditions and entitlements for employees.

The court found that the agreement, while it contained some provisions that were not entirely favourable to employees, overall met the "better off overall test." It balanced the interests of both employees and the employer, ensuring that employees were not worse off than they would be under the applicable awards and were provided with a fair and reasonable set of working conditions. The court concluded that the agreement was fair and appropriate, and approved its registration.

The court ordered that the Toll Aviation Aircraft Maintenance Enterprise Agreement 2018 be registered under the Fair Work Act 2009. This decision ensures that the agreement is legally binding and can be used as a basis for resolving disputes between the parties in the future.

Toll Aviation Engineering Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established