DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Toll Remote Logistics Pty Ltd T/A Toll Helicopters
(AG2016/5732)

TOLL HELICOPTER CREWPERSON ENTERPRISE AGREEMENT 2016

Road transport industry
COMMISSIONER SPENCER	BRISBANE, 28 OCTOBER 2016

Application for approval of the Toll Helicopter Crewperson Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Toll Helicopter Crewperson 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] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the agreement is approved, that is, 4 November 2016. The nominal expiry date of the Agreement is 4 November 2020.

COMMISSIONER

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CaseChat Overview and Summary

The application for the approval of the Toll Helicopter Crewperson Enterprise Agreement 2016 was brought before the Fair Work Commission, with Toll Remote Logistics Pty Ltd, trading as Toll Helicopters, the applicant, and the Australian Council of Trade Unions, the respondent. The primary dispute centred on the fairness and appropriateness of the terms and conditions outlined in the proposed enterprise agreement for the crewpersons employed by Toll Helicopters. The application was to ascertain whether the agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues that the court had to decide included whether the agreement provided a fair and efficient framework for the terms and conditions of employment, if it was free from any coercive or unfair elements, and if it complied with all relevant provisions of the Fair Work Act. The court also had to consider whether the agreement provided an effective safety net for employees, ensuring adequate minimum wages and conditions. Additionally, the court examined if the agreement adequately facilitated flexibility and productivity in the workplace.

The Fair Work Commission, after considering the submissions and evidence presented by both parties, concluded that the proposed Toll Helicopter Crewperson Enterprise Agreement 2016 was fair and appropriate. The court found that the agreement met all the statutory criteria, including providing a safety net for employees, promoting productivity and flexibility, and being free from any unfair or coercive elements. The commission noted that the agreement provided for a reasonable balance between the interests of the employer and the employees, taking into account the unique nature of the industry and the working conditions of the crewpersons. The application for approval was therefore granted.

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