Chief Commissioner of Police
[2011] FWA 878
•10 FEBRUARY 2011
[2011] FWA 878 |
|
EX TEMPORE DECISION |
Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 3, Item 10—Application to vary transitional instrument to remove ambiguity
Chief Commissioner of Police
(AG2010/20177)
VICTORIA POLICE WORKPLACE AGREEMENT 2007
State and Territory government administration | |
COMMISSIONER SMITH | MELBOURNE, 10 FEBRUARY 2011 |
Application to vary the Victoria Police Workplace Agreement 2007.
[1] The following decision, now edited, was issued during proceedings conducted on 8 February 2011.
[2] This is an application to vary a transitional instrument to remove ambiguity and uncertainty. The instrument that is sought to be varied is the Victoria Police Workplace Agreement 2007 (the Agreement). The ambiguity and uncertainty is said to arise by a combination of the clauses in 17.3.4, and clauses dealing with the various levels of recreational leave contained in clause 16 of the Agreement.
[3] In essence, the argument proceeds on the basis that if officers clearly were to receive an additional paid day in lieu of long service leave, it would be double counting in terms of the additional recreational leave that is found in clause 16. In determining whether or not an ambiguity and uncertainty exists the Tribunal must firstly establish the jurisdictional basis.
[4] These matters are adequately canvassed and have been referred to regularly in the decision of her Honour Senior Deputy President Marsh in Beltana No. 1 Salaried Staff Certified Agreement 2001 [PR932468, 3 June 2003], and I do not repeat the material contained in that decision.
[5] In dealing with the mutual intention of the parties, Victoria Police argue that the current operation of the two clauses could not have been the mutual intention of the parties. This is an assumption based upon their view that the result is inequitable. Whether or not the result is inequitable is a matter for the parties, but that does not necessarily give rise to ambiguity and uncertainty as submitted by the Police Federation of Australia.
[6] I have examined each clause. I have listened carefully to the parties on this matter and I do not find that there exists ambiguity and uncertainty. The application is refused.
COMMISSIONER
Appearances:
C Thompson on behalf of the Chief Commissioner of Police.
C Kennedy for the Police Federation of Australia.
Hearing details:
2011.
Melbourne:
February, 8.
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