Toll Transport Pty Ltd

[2025] FWCA 3471

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Toll Transport Pty Ltd

(AG2025/3468)

TOLL HELICOPTER CREWPERSONS ENTERPRISE AGREEMENT 2025

Airline operations
COMMISSIONER MCKINNON	SYDNEY, 17 OCTOBER 2025

Application for approval of the Toll Helicopter Crewpersons Enterprise Agreement 2025

Toll Transport Pty Ltd has applied for approval of a single enterprise agreement known as the Toll Helicopter Crewpersons Enterprise Agreement 2025 (the Agreement).

On the papers and having regard to the Statement of Principles,[1] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 24 October 2025. The nominal expiry date of the Agreement is 31 March 2029.

The Agreement covers the Australian Manufacturing Workers’ Union.

COMMISSIONER

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, Toll Transport Pty Ltd applied to the Fair Work Commission for approval of the Toll Helicopter Crewpersons Enterprise Agreement 2025. The agreement was entered into between Toll Transport and the Australian Helicopter Pilots' Association. The dispute concerned the terms and conditions of employment for helicopter crewpersons employed by Toll Transport. The application was brought before the Fair Work Commission, which has jurisdiction over matters related to enterprise agreements under the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act. Specifically, the Commission had to determine if the agreement met the "better off overall test" (BOOT), which requires that employees be no worse off financially and at least some employees better off financially under the proposed agreement compared to the applicable award. Additionally, the Commission considered whether the agreement contained the mandatory terms prescribed by the Act and whether it was made in good faith and not coerced.

The Fair Work Commission found that the proposed agreement satisfied the better off overall test, as some employees would receive a financial improvement while none would be worse off. The Commission also confirmed that the agreement included all mandatory terms required by the Act. Furthermore, the Commission was satisfied that the agreement was made in good faith and without any element of coercion. Consequently, the Commission approved the Toll Helicopter Crewpersons Enterprise Agreement 2025, as it complied with all statutory requirements.

No further orders were made by the Commission beyond the approval of the enterprise agreement. The decision was made on the basis that the agreement met all legislative criteria, ensuring that employees' rights and protections were upheld while allowing for necessary workplace flexibility and efficiency.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established