s.437 - Application for a protected action ballot order

Proposed protection action ballot by employees of Toll Transport Pty Ltd - non-AEC ballot agent electronic voting

[1] This is an application by the Australian Federation of Air Pilots (AFAP or Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Toll Transport Pty Ltd (TOLL or Employer).

[2] On 25 February 2026, the Commission was advised that the Employer, in effect, did not object to the Application, if amended. The Employer did raise concerns relating to the initial application and provided proposed amendments to the draft order. Ultimately, the Employer and the AFAP reached a consent position on the amendments.

[3] In the circumstances, I have decided to amend the application to reflect the agreed position and determine the matter on the papers without holding a hearing.

[4] On the basis of the material before me, including the declaration of David Stephens, Organiser, setting out the steps taken by the AFAP in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with TOLL, I am satisfied that there is a notification time in relation to the proposed agreement and that all of the requirements in s.443(1) of the Act have been met.

[5] The ballot is to be conducted by True Vote Pty Ltd (True Vote). True Vote has been approved as an eligible protected action ballot agent under s.468A of the Act and is authorised to conduct the ballot.

• [6] For the purposes of s.443(3)(c) of the Act, the Commission has determined that the date by which voting is to close is 12 March 2026.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

[7] I observe that there were elements of the draft order that reflected some previous practices. Following consultation with the parties and the ballot agent, I have issued the Order using the Commission's standard approach, noting that this is also consistent with the role to be played by the Act and associated regulations on the conduct of the ballot.

[8] An Order has been separately issued in PR797149.

[9] This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference. That Member will issue an Order requiring the attendance of all bargaining representatives in the proposed enterprise agreement at the conference. It is likely that Directions will also be issued to ensure that the parties attend the conference ready to conduct meaningful negotiations.

[1] This is, in effect, 10 working days from the making of the Order and was the date sought in the application.

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