AA v Australian Federal Police

The applicant, AA, brought an application before the Fair Work Commission seeking an order to deal with a dispute regarding the restructuring of the Air Security Officer Program. The dispute centred on whether the proposed restructuring of the program would trigger the workforce adjustment provisions in the Australian Federal Police Enterprise Agreement 2017-2020. The matter was heard by the Commission at Melbourne.

The key legal issue before the Commission was the proper interpretation of the terms of the Australian Federal Police Enterprise Agreement 2017-2020. Specifically, the Commission needed to determine whether the proposed restructuring of the Air Security Officer Program constituted a workforce adjustment, which would then require the application of the relevant provisions of the Agreement. The Commission was tasked with interpreting the language of the Agreement and determining its scope and application to the particular circumstances of the case.

In delivering its decision, the Commission considered the language of the Agreement, as well as relevant precedent and authorities. The Commission found that the proposed restructuring did not constitute a workforce adjustment as defined in the Agreement. The Commission held that the language of the Agreement did not encompass the type of restructuring proposed by the respondent, and that the Agreement was limited to adjustments that involved a reduction in the number of employees. The Commission dismissed the applicant's application, finding that there was no dispute that required its intervention.

As the Commission found that there was no dispute within its jurisdiction, no further orders were made. The application was dismissed in its entirety.