DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toll Aviation Engineering Pty Ltd T/A Toll Aviation
(AG2017/2267)

TOLL AVIATION AIRCRAFT MAINTENANCE ENTERPRISE AGREEMENT 2017

Airline operations
COMMISSIONER GREGORY	MELBOURNE, 22 AUGUST 2017

Application for approval of the Toll Aviation Aircraft Maintenance Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Toll Aviation Aircraft Maintenance Enterprise Agreement 2017 (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 T/As Toll Aviation. The Agreement is a single enterprise agreement.

[2] The Applicant 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 29 August 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Toll Aviation Engineering, sought approval of the Toll Aviation Aircraft Maintenance Enterprise Agreement 2017. The applicant argued that the agreement provided a fair and efficient framework for the employment of its employees, including provisions for casual employment and shift rosters. The application was heard in the Fair Work Commission.

The central legal issue before the Commission was whether the provisions of the proposed agreement were fair and reasonable, taking into account the principles of the Fair Work Act 2009. Specific attention was paid to the provisions regarding casual employment and shift rosters. The Commission had to consider whether these provisions met the requirements for procedural fairness, including the provision of adequate notice and the opportunity for meaningful consultation.

The Fair Work Commission found that the proposed agreement did not meet the necessary standards of procedural fairness. The Commission identified significant deficiencies in the consultation process, particularly in relation to the provisions concerning casual employment and shift rosters. It was determined that the applicant had not provided adequate notice and opportunity for consultation, as required by the Fair Work Act. As a result, the application for approval of the agreement was dismissed.

The Fair Work Commission ordered that the application for approval of the Toll Aviation Aircraft Maintenance Enterprise Agreement 2017 be dismissed. The Commission directed the applicant to provide adequate notice and opportunity for consultation to affected employees before making any further application for approval of an enterprise agreement.

Toll Aviation Engineering Pty Ltd T/A Toll Aviation

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established