Christopher Budd, Shane Miller, Amy Van Bilsen, Grant Hammond v The Commonwealth of Australia as represented by the Australian Federal Police

[2024] FWC 643

[2024] FWC 643

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Christopher Budd, Shane Miller, Amy Van Bilsen, Grant Hammond
v

The Commonwealth of Australia as represented by the Australian Federal Police

(B2024/212)

DEPUTY PRESIDENT HAMPTON MELBOURNE, 14 MARCH 2024

Proposed protected action ballot of employees of The Commonwealth of Australia as represented by the Australian Federal Police (‘AFP’)

1. This is an application by Christopher Budd, Shane Miller, Amy Van Bilsen, and Grant Hammond (collectively the Applicants) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of The Commonwealth of Australia as represented by the Australian Federal Police (AFP or Employer).

1. On 14 March 2024, the Commission was advised that the AFP did not object to the Application, as amended.[1]

1. In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

1. On the basis of the material before me, including the declaration of Mr Christopher Budd provided on behalf of the Applicants setting out the steps taken by them in bargaining with the Employer and that they have been, and are, genuinely trying to reach agreement with the AFP, 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.

1. The ballot is to be conducted by the Australian Electoral Commission. 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 30 April 2024.[2] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

2. I am satisfied that there are relevant exceptional circumstances required by s.443(5), justifying an extended period of written notice for the purposes of s.414(2)(b) of the Act when taking certain forms of industrial action set out in the Order made by the Commission.

1. An order has been separately issued in PR772259.

1. 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 involved 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.

DEPUTY PRESIDENT

[1] The AFP initially raised an objection.  As a result, the matter was listed for hearing on 14 March 2024. However, the parties engaged in discussions and arrived at a consent position. An amended application and subsequent draft orders were provided with no objections raised by the AFP. Accordingly, the hearing was vacated and the matter dealt with on the basis of the amended application.

[2] This is 30 working days from the making of the Order, which is the period required by the AEC to conduct a ballot.

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