DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Commonwealth of Australia, as represented by the Commissioner of Police
(AG2018/7288)

AUSTRALIAN FEDERAL POLICE EXECUTIVE LEVEL ENTERPRISE AGREEMENT 2019 - 2021

Commonwealth employment
DEPUTY PRESIDENT COLMAN	MELBOURNE, 4 APRIL 2019

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

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

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 4 April 2019 and, in accordance with s 54, will operate from 11 April 2019. The nominal expiry date of the Agreement is 11 April 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Commonwealth of Australia, acting through the Commissioner of Police, sought approval of the Australian Federal Police Executive Level Enterprise Agreement. This case involved the negotiation and ratification of a new enterprise agreement governing the terms and conditions of employment for executive level employees within the Australian Federal Police. The Australian Industrial Relations Commission was tasked with assessing the agreement under the Fair Work Act 2009. The primary legal issue before the Commission was whether the agreement met the necessary requirements for approval, including whether it provided for fair and reasonable terms and conditions of employment, and whether it complied with the relevant statutory provisions.

The Commission examined the provisions of the agreement, focusing on whether the terms and conditions of employment were fair and reasonable. It considered whether the agreement provided for adequate remuneration, reasonable working hours, and other benefits, and whether it complied with the applicable legislative framework. The Commission also assessed whether the agreement had been negotiated in good faith and whether it included appropriate dispute resolution mechanisms. After thorough consideration, the Commission determined that the agreement met the necessary requirements for approval, finding that it provided for fair and reasonable terms and conditions of employment and complied with the statutory provisions.

Consequently, the Australian Industrial Relations Commission approved the Australian Federal Police Executive Level Enterprise Agreement. The agreement was deemed to provide for fair and reasonable terms and conditions of employment, and it complied with the relevant statutory provisions. The approval of the agreement ensures that executive level employees within the Australian Federal Police are governed by a modern and fair enterprise agreement, promoting harmonious industrial relations within the organisation.

Commonwealth of Australia, as represented by the Commissioner of Police

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established