DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toll Remote Logistics Pty Ltd T/A Toll Helicopters
(AG2016/5462)

TOLL HELICOPTERS ENGINEERS ENTERPRISE AGREEMENT 2016

Airline operations
COMMISSIONER LEE	MELBOURNE, 14 OCTOBER 2016

Application for approval of the Toll Helicopters Engineers Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Toll Helicopters Engineers Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Toll Remote Logistics Pty Ltd T/A Toll Helicopters. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 October 16. The nominal expiry date of the Agreement is 13 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by Toll Remote Logistics Pty Ltd, trading as Toll Helicopters, for the approval of the Toll Helicopters Engineers Enterprise Agreement 2016. The applicants sought to have the agreement registered with the Fair Work Commission as a registered agreement under the Fair Work Act 2009. The dispute centred on whether the agreement met the requirements for approval under the Act, specifically focusing on the process by which the agreement was negotiated and whether it complied with the good faith bargaining obligations.

The primary legal issue was whether the application satisfied the procedural fairness requirements of section 230 of the Fair Work Act. This included assessing whether the agreement was genuinely negotiated between the employer and the relevant employee representatives and whether it was made in good faith. The Commission needed to determine if the bargaining process was transparent, inclusive, and conducted without coercion, and whether the agreement's terms reflected the outcomes of that process. Additionally, the Commission had to consider whether the agreement provided adequate protections for the employees and if it met the broader standards of fairness.

In its decision, the Fair Work Commission found that the application for approval was made in accordance with the requirements of the Fair Work Act. The Commission concluded that the agreement was genuinely negotiated and made in good faith, with appropriate consultation and participation by the employee representatives. The Commission was satisfied that the bargaining process met the necessary standards of procedural fairness, and the agreement provided suitable protections for the employees. As a result, the Commission approved the Toll Helicopters Engineers Enterprise Agreement 2016 and ordered its registration under the Act.

The Fair Work Commission's final order was that the Toll Helicopters Engineers Enterprise Agreement 2016 be approved and registered as a registered agreement under the Fair Work Act. The Commission certified the agreement as in effect from the date of registration, providing legal enforceability to its terms and conditions for the employees covered by the agreement.

Toll Remote Logistics Pty Ltd T/A Toll Helicopters

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established