This briefing is to update our rotary members currently able to take protected industrial action at Toll. We would like to set out correspondence between the AFAP and Toll on some aspects of this action. We also would like to clarify what actions the Fair Work Act 2009 (Cth) (FW Act) allows both Toll and you to take, and what rights you are afforded.
This briefing addresses the issues that have arisen in relation to the following form of protected industrial action:
An unlimited number of indefinite or periodic bans on the performance of work relating to accepting or responding to work-related telephone calls or electronic messages on personal devices, including when off duty (Contact Ban).
Correspondence between the AFAP and Toll
On 26 March 2026, the AFAP became aware of correspondence from Toll to some pilots. That correspondence is a notice that pilots who engage in the Contact Ban would have their pay reduced by a pro-rated portion of their telephone and internet allowance for each day of participation. A copy of the notice can be located [HERE].
Later on 26 March 2026, the AFAP wrote to Toll regarding several aspects of the notice. In particular:
- that the telephone and internet allowance is not limited to calls and messages, and that pilots will continue to use personal devices for other necessary operational purposes (e.g. weather, flight planning, tracking);
- requesting clarification of the proposed methodology of deduction, and stating that given the continued use of personal devices for other purposes, the reduction may not be proportionate; and
- requesting how Toll will determine when a pilot is participating in the ban.
A copy of the AFAP correspondence can be located [HERE].
On 1 April 2026, Toll replied maintaining its position and confirmed that it intends to deduct an amount equal to the number of days a pilot participates in the Contact Ban from the allowance (which we consider is still not clear). A copy of the Toll reply can be located [HERE].
The AFAP will be responding in due course to the latest correspondence from Toll requesting that it address the matters raised in our previous correspondence.
Payment relating to Partial Work Bans
The Contact Ban is a form of industrial action that is known as a “partial work ban.” A partial work ban is industrial action that falls short of a total stoppage of work.
Under section 471(1) of the FW Act, an employer may reduce an employee’s pay where the employee engages in partial work ban.
Any reduction in payments cannot occur unless a notice has been provided that specifies (amongst other things) that because of the partial work ban, the employee’s payments will be reduced by a proportion specified in the notice. Once it has been provided, the employer is able to apply the specified reduction. Toll's correspondence dated 26 March 2026 puports to be such a notice.
If an employee considers that the reduction is disproportionate or not properly calculated, the reduction is open to be challenged.
An application can be made to the Fair Work Commission to vary the amount of the reduction. In considering making such an order, the Commission must consider various matters, including:
- whether the proportion specified in the notice about the reduction of payments was reasonable having regard to the nature and extent of the partial work ban to which the notice relates, and
- fairness between the parties taking into consideration all the circumstances of the case.
The AFAP is considering it options in relation to such an application.
Responding to requests from Toll to understand whether you are participating in the Contact Ban
The AFAP is aware that Toll is requesting confirmation of participation in the Contact Ban.
A suggested response is below:
Dear [insert name]
I confirm that I am participating in the protected industrial action, being:
“An unlimited number of indefinite or periodic bans on the performance of work relating to accepting or responding to work-related telephone calls or electronic messages on personal devices, including when off duty.”
Please note that under this action, I am not accepting or responding to work-related telephone calls or electronic messages on personal devices, including when off duty.
I continue to use my personal device for other operational purposes required by Toll, including accessing weather information, flight planning tools and aircraft tracking/deconfliction tools. The industrial action does not extend to those operational uses. It is limited to the actions described in the ban.
If you receive correspondence or are made subject to deductions that concern you, please contact your pilot representatives David Crick, Matthew Fox, and Gary Hamilton, or AFAP legal/industrial staff Andrew Molnar (andrew@afap.org.au) or David Stephens (david@afap.org.au).
Your AFAP Industrial Team