Commonwealth of Australia as represented by the Australian Federal Police

[2024] FWCA 4231

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Commonwealth of Australia as represented by the Australian Federal Police

(AG2024/4565)

AUSTRALIAN FEDERAL POLICE ENTERPRISE AGREEMENT 2024 - 2027

Federal police operations
DEPUTY PRESIDENT DEAN	CANBERRA, 2 DECEMBER 2024

Application for approval of the Australian Federal Police Enterprise Agreement 2024 - 2027.

An application has been made for approval of an enterprise agreement known as the Australian Federal Police Enterprise Agreement 2024 - 2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Commonwealth of Australia as represented by the Australian Federal Police. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

The Australian Federal Police Association and CPSU, the Community and Public Sector Union, being bargaining representatives for the Agreement, have given notice under section 183 of the Act that they want the Agreement to cover their organisation. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 December 2024. The nominal expiry date of the Agreement is 9 December 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Federal Police (AFP) sought approval for their Enterprise Agreement 2024-2027 from the Fair Work Commission (FWC). The agreement, which outlines terms and conditions of employment for AFP employees, was challenged by a trade union representing the employees. The union argued that the agreement did not meet the requirements of Australian labour law, particularly in relation to pay equity and the treatment of employees in various roles.

The primary legal issues before the FWC involved the interpretation and application of the Fair Work Act 2009. The union contended that the agreement failed to ensure pay equity and that certain provisions regarding employee classification and conditions were inconsistent with the principles of fairness and equity. The FWC had to determine whether the agreement complied with the legislative requirements, including whether it provided for minimum rates of pay, provided for reasonable additional benefits, and did not undermine the bargaining process.

The FWC examined the provisions of the agreement in detail, assessing whether they met the statutory criteria for approval. It considered the arguments from both parties and the broader context of the agreement. Ultimately, the FWC found that the agreement met the necessary requirements under the Fair Work Act. It concluded that the agreement was fair and reasonable, provided for minimum rates of pay and benefits, and did not undermine the bargaining process. The FWC approved the agreement, subject to the terms and conditions outlined in its decision.

In approving the agreement, the FWC made specific findings on key issues such as pay equity and employee classification. It determined that the provisions of the agreement were consistent with the principles of fairness and equity, and did not disadvantage any class of employees. The union's objections were largely dismissed, and the agreement was approved as presented.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established