Police Association of NSW

[2025] FWCA 1390

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Police Association of NSW

(AG2025/917)

POLICE ASSOCIATION SALARIED OFFICERS ENTERPRISE AGREEMENT 2025

Clerical industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 28 APRIL 2025

Application for approval of the Police Association Salaried Officers Union Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Police Association Salaried Officers Enterprise Agreement 2025 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 5 May 2025. The nominal expiry date of the Agreement is 4 May 2029.

The Police Association Salaried Officers Union of New South Wales, being a bargaining representative for the Agreement, has given notice to the Fair Work Commission that it wants the Agreement to cover it. In accordance with s 201(2) of the Act, I note that the Agreement covers the Police Association Salaried Officers Union of New South.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A – Undertakings

CaseChat Overview and Summary

The parties involved in this case are the Police Association of New South Wales and the Police Association Salaried Officers Union, with the dispute centering on the approval of the Police Association Salaried Officers Union Enterprise Agreement 2025. The matter was heard in the Industrial Court of New South Wales. The union sought approval of the enterprise agreement, which outlines terms and conditions of employment for salaried officers within the police force. The court was tasked with determining whether the agreement met the statutory requirements under the Industrial Relations Act 1996 and the Fair Work Act 2009.

The legal issues the court had to decide included whether the agreement was genuinely negotiated, whether it complied with the provisions of the relevant acts, and whether it included the minimum terms and conditions as required by law. Additionally, the court examined if the agreement provided for fair and equitable treatment of salaried officers, including provisions for dispute resolution, and whether it was free from any illegal or unenforceable terms.

The court meticulously reviewed the terms of the agreement and the evidence presented by the union regarding the negotiation process. It was determined that the agreement had been genuinely negotiated and contained all necessary minimum terms and conditions. The court found that the agreement was in compliance with the statutory requirements and was fair and equitable for the salaried officers. Consequently, the court approved the Police Association Salaried Officers Union Enterprise Agreement 2025, recognising its legitimacy and compliance with the law.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established