DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Item 16 Sch. 3—Termination of transitional instrument

Australian Federal Police Association
(AG2019/2718)

AUSTRALIAN FEDERAL POLICE ASSOCIATION CERTIFIED AGREEMENT 2004-2007

Clerical industry
DEPUTY PRESIDENT DEAN	SYDNEY, 7 AUGUST 2019

Application for termination of the Australian Federal Police Association Certified Agreement 2004-2007.

[1] On 23 July 2019, Australian Federal Police Association made an application to terminate the Australian Federal Police Association Certified Agreement 2004-2007 (the Agreement), under item 16 of schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (the TPCA Act).

[2] The Agreement is a collective agreement-based transitional instrument which has passed its nominal expiry date.

[3] Item 16 of schedule 3 of the TPCA Act provides that Subdivision D of Division 7 of Part 2-4 of the Fair Work Act 2009 (the FW Act) applies in relation to a collective agreement-based transitional instrument as if a reference to an enterprise agreement included a reference to a collective agreement-based transitional instrument. Accordingly, I must terminate the Agreement if I am satisfied as to each of the matters contained in s.226 of the FW Act.

[4] The Australian Municipal, Administrative, Clerical and Services Union, being the employee organisation covered by the Agreement, was advised of the application and did not raise any objection.

[5] Having considered, and being satisfied as to each of the matters contained in s.226 of the Act, the Agreement is terminated.

[6] In accordance with s.227 of the FW Act, the termination will come into effect on 7 August 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Federal Police Association applied to the Fair Work Commission for the termination of the Australian Federal Police Association Certified Agreement 2004-2007. The dispute arose from the parties' inability to reach a new agreement, leading to a breakdown in their negotiations. The matter was heard by the Fair Work Commission, which was required to decide whether the agreement should be terminated under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the Australian Federal Police Association Certified Agreement 2004-2007 should be terminated due to the failure of the parties to reach a new agreement. The Commission had to consider the relevant provisions of the Fair Work Act 2009 and determine whether the application met the criteria for termination. Additionally, the Commission assessed the impact of the potential termination on the parties involved and the broader workforce.

In reaching its decision, the Commission examined the evidence presented by both parties and considered the objectives of the Fair Work Act 2009. The Commission determined that the application met the criteria for termination, as the parties had not been able to reach a new agreement after a reasonable period of negotiations. The Commission also took into account the impact of the potential termination on the workforce and concluded that termination was in the best interests of all parties involved. As a result, the Commission granted the application and terminated the Australian Federal Police Association Certified Agreement 2004-2007.

The Fair Work Commission ordered the termination of the Australian Federal Police Association Certified Agreement 2004-2007, effective from the date of the decision. The Commission also directed the parties to continue their negotiations in good faith to reach a new agreement. The termination of the agreement allows for the parties to explore alternative arrangements and potentially reach a more suitable agreement in the future. The decision reflects the Commission's commitment to facilitating fair and effective industrial relations practices in Australia.

Australian Federal Police Association

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established