Police Association of NSW

[2014] FWCA 3553

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Police Association of NSW
(AG2014/890)

POLICE ASSOCIATION SALARIED OFFICERS ENTERPRISE AGREEMENT 2014

Clerical industry
VICE PRESIDENT CATANZARITI	SYDNEY, 28 MAY 2014

Application for approval of the Police Association Salaried Officers Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Police Association Salaried Officers Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Police Association of NSW. The Agreement is a single-enterprise Agreement.

[2] I have accepted the undertaking attached to this decision which has been given by the employer.

[3] I am satisfied that each of the requirements of ss.186, 187, 188 and s.190 as are relevant to this application for approval have been met.

[4] The Police Association Salaried Officers Union of New South Wales, 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 June 2014. The nominal expiry date of the Agreement is 4 years from the date of operation.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Police Association of NSW, representing salaried officers within the New South Wales Police Force, sought approval for the Police Association Salaried Officers Enterprise Agreement 2014. The dispute was heard and determined by the Industrial Court of New South Wales. The association's primary goal was to secure the court's endorsement of the agreement, which would formalise the terms and conditions of employment for the salaried officers.

The court was tasked with assessing whether the agreement met the legal standards and requirements set forth by the relevant industrial legislation. This included evaluating the agreement's compliance with the statutory provisions, ensuring that it was fair and reasonable, and confirming that it did not contravene any applicable laws or public policy. Additionally, the court had to determine if the agreement provided adequate protections and benefits for the salaried officers while also considering the interests of the employer.

The court meticulously reviewed the agreement, taking into account the evidence presented by both the Police Association and other relevant stakeholders. After thorough consideration, the court found that the agreement was fair and reasonable, and it met all the necessary legal requirements. The court acknowledged the association's efforts to strike a balance between the interests of the salaried officers and the employer. Consequently, the court granted approval for the Police Association Salaried Officers Enterprise Agreement 2014, recognising its validity and enforceability under the relevant industrial laws.

The final orders of the court approved the agreement, ensuring that it would govern the employment terms and conditions of the salaried officers within the New South Wales Police Force. This decision provided clarity and certainty for both the association and the employer, facilitating a stable and productive working environment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established