DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Commonwealth of Australia as represented by the Australian Federal Police
(AG2016/2174)

AUSTRALIAN FEDERAL POLICE EXECUTIVE LEVEL ENTERPRISE AGREEMENT 2016-2019

Australian Capital Territory
COMMISSIONER LEE	MELBOURNE, 2 FEBRUARY 2016

Application for approval of the Australian Federal Police Executive Level Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Australian Federal Police Executive Level Enterprise Agreement 2016-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Commonwealth of Australia as represented by the Australian Federal Police. The Agreement is a single enterprise agreement.

[2] 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.

[3] The Australian Federal Police Association being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 2 February 2016 and, in accordance with s.54, will operate from 9 February 2016. The nominal expiry date of the Agreement is 1 February 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Commonwealth of Australia, represented by the Australian Federal Police, applied for approval of the Australian Federal Police Executive Level Enterprise Agreement 2016-2019. The application was made before the Fair Work Commission, which was asked to determine whether the proposed agreement was in the interests of employees and employers and met the criteria set out in the Fair Work Act 2009.

The primary legal issues before the Commission were whether the proposed agreement met the requirements of section 235 of the Fair Work Act, including whether it was in the best interests of the employees and employers, and whether it provided for fair and reasonable terms and conditions of employment. The Commission also considered whether the agreement met the requirements for a single-enterprise agreement and whether it complied with the National Employment Standards and the National Minimum Wage.

After reviewing the evidence and submissions from both parties, the Fair Work Commission approved the proposed agreement, finding that it was in the best interests of both employees and employers and met the criteria set out in the Fair Work Act. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for leave, remuneration, and other employment-related matters. The Commission also found that the agreement complied with the National Employment Standards and the National Minimum Wage.

The approved agreement will now be binding on all employees and employers covered by the agreement, and will come into effect on the date of the Commission's approval.

Commonwealth of Australia as represented by the Australian Federal Police

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established