DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toll Transport Pty Ltd
(AG2021/320)

TOLL HELICOPTERS ENGINEERS ENTERPRISE AGREEMENT 2020

Airline operations
COMMISSIONER JOHNS	SYDNEY, 26 FEBRUARY 2021

Application for approval of the Toll Helicopters Engineers Enterprise Agreement 2020.

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

[3] The Australian Licenced 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 March 2021. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Toll Transport Pty Ltd, applied to the Fair Work Commission for approval of the Toll Helicopters Engineers Enterprise Agreement 2020. The respondent, the Australian Council of Trade Unions, did not oppose the application but raised concerns about the agreement's provisions on employment conditions and dispute resolution. The matter was heard by the Commission, which needed to determine whether the agreement met the legal criteria for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement complied with the statutory requirements for enterprise agreements, including provisions on minimum wages and conditions, dispute resolution, and procedural fairness. The Commission examined the agreement's terms to ensure they adhered to the Fair Work Act and the Fair Work (Registered Organisations) Act 2009. It also considered the parties' submissions and any potential impacts on employees.

After reviewing the agreement and the parties' submissions, the Commission found that the Toll Helicopters Engineers Enterprise Agreement 2020 complied with the necessary legal standards. The agreement contained provisions that met the statutory requirements for minimum wages and conditions, and it provided a fair and efficient dispute resolution process. The Commission was satisfied that the agreement was made in good faith and without coercion, and it approved the agreement as meeting the criteria for registration. The Commission noted that while some provisions raised minor concerns, these did not outweigh the overall fairness and compliance of the agreement.

The Commission approved the Toll Helicopters Engineers Enterprise Agreement 2020, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and the parties were directed to take any necessary steps to implement the agreement in accordance with the Fair Work Act. The Commission's decision was binding on the parties and their employees, ensuring that the agreement would govern the employment conditions of the relevant workers.

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