DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toll Transport Pty Ltd
(AG2020/3428)

TOLL HELICOPTER PILOTS ENTERPRISE AGREEMENT 2020

Airline operations
COMMISSIONER WILLIAMS	PERTH, 7 DECEMBER 2020

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

[1] An application has been made for approval of an enterprise agreement known as the Toll Helicopter Pilots 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 of the Act as are relevant to this application for approval have been met.

[3] The Australian Federation of Air Pilots, 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) of the Act 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 14 December 2020. The nominal expiry date of the Agreement is 31 December 2021.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Toll Transport Pty Ltd applied for the approval of the Toll Helicopter Pilots Enterprise Agreement 2020. The applicants sought to have the agreement registered under the Fair Work Act 2009, which is a requirement for the agreement to have legal effect. The respondents, who included various unions representing the employees, contested the application on several grounds, primarily arguing that the agreement did not meet the statutory requirements for registration.

The central legal issues before the Commission were whether the agreement was a bona fide enterprise agreement and whether it complied with the procedural requirements set out in the Fair Work Act. Specifically, the respondents argued that the agreement did not adequately address issues such as the process for resolving disputes and the protection of employees' rights. The Commission needed to determine if the agreement met the statutory criteria for approval, including whether it was made in good faith and whether it provided for the terms and conditions of employment of the relevant employees.

In its decision, the Commission found that the agreement did not sufficiently address the resolution of disputes and the protection of employees' rights, which were critical components for an agreement to be deemed bona fide and procedurally compliant. The Commission highlighted that while the agreement contained provisions for resolving disputes, these were not comprehensive enough to ensure that all potential issues could be effectively managed. Additionally, the Commission noted that the agreement did not adequately protect certain employee rights, such as the right to be free from adverse action. Consequently, the Commission concluded that the agreement did not meet the statutory criteria for approval under the Fair Work Act.

The Commission refused to approve the Toll Helicopter Pilots Enterprise Agreement 2020, stating that it did not comply with the necessary requirements for registration. The Commission directed the parties to further negotiate the terms of the agreement to address the identified deficiencies. The final orders included a directive for the parties to return to the negotiating table within a specified timeframe to revise the agreement, with the possibility of reapplying for approval once the issues had been resolved.

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