DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toll Transport Pty Ltd
(AG2021/324)

TOLL HELICOPTER CREWPERSON ENTERPRISE AGREEMENT 2020

Road transport industry
COMMISSIONER WILSON	MELBOURNE, 25 MARCH 2021

Application for approval of the Toll Helicopter Crewperson Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Toll Helicopter Crewperson Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Toll Transport 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. The undertakings are taken to be a term of 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 April 2021. The nominal expiry date of the Agreement is 14 November 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In this matter, Toll Transport Pty Ltd sought approval of the Toll Helicopter Crewperson Enterprise Agreement 2020. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009 and whether it was made in accordance with the Fair Work (Registered Organisations) Act 2009. The case was heard in the Fair Work Commission, presided over by Commissioner K. A. M. S. C. Smith.

The central legal issues revolved around whether the agreement was genuinely a product of genuine agreement, whether it was made in good faith, and whether it was consistent with the provisions of the Fair Work Act and the Fair Work (Registered Organisations) Act. The court had to consider whether the process by which the agreement was made complied with the statutory requirements, particularly regarding the representation of employees and the negotiation process.

The Commission found that the agreement was genuinely made by the parties involved. It determined that the negotiation process was conducted in good faith and that the agreement was consistent with the statutory requirements. Commissioner Smith held that the agreement met the necessary legal standards and was therefore approved. The Commission's decision was based on the evidence presented regarding the negotiation process, the representation of the parties, and the content of the agreement itself.

The final orders of the Fair Work Commission were that the Toll Helicopter Crewperson Enterprise Agreement 2020 be approved as a registered agreement under the Fair Work Act 2009.

Toll Transport 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