Police Federation of Australia Australian Federal Police Association Branch v The Commonwealth of Australia as represented by the Australian Federal Police

[2024] FWC 1765

[2024] FWC 1765

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Police Federation of Australia - Australian Federal Police Association Branch
v

The Commonwealth of Australia as represented by the Australian Federal Police

(B2024/843)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 5 JULY 2024

Proposed protected action ballot of employees of the Commonwealth of Australia as represented by the Australian Federal Police

1. This is an application by the Police Federation of Australia - Australian Federal Police Association Branch (AFPA or Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of the Commonwealth of Australia as represented by the Australian Federal Police (AFP or Employer).

1. On 4 July 2024, the Commission was advised that the Employer, in effect, did not object to the Application if amended to deal with certain considerations that arise from the nature of the parties and the employees concerned with this matter. The application has been amended by consent.

1. In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

1. On the basis of the material before me, including the declaration of Alexander Caruana, President of the Australian Federal Police Association, setting out the steps taken by the AFPA in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with it, I am satisfied that there is a notification time in relation to the proposed agreement and that all of  the requirements in s.443(1) of the Act have been met.

1. The ballot is to be conducted by an eligible protected action ballot agent approved pursuant to s.468A of the Act, and named in the formal Order, and consequently is authorised to conduct the ballot. For reasons outlined below, the ballot agent has been identified as “BA” in the public version of the Order.

1. For the purposes of s.443(3)(c) of the Act, the Commission has determined that the date by which voting is to close is 19 July 2024.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. I am satisfied that there are relevant exceptional circumstances required by s.443(5), justifying an extended period of written notice for the purposes of s.414(2)(b) of the Act when taking industrial action set out in the Order made by the Commission. The extended notice period of 5 working days applies to the items listed within Clause sixteen (16) of the Order made by the Commission. The default period of three working days will apply to the remaining forms of action arising from the ballot question.

1. An Order has been separately issued in PR776723.

1. Given the unique circumstances of this matter, a confidentiality term has been included in the Order. As a result, the Order has been published in a partially modified form with the full formal Order provided directly to the parties and the relevant ballot agent.

1. This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference. That Member will issue an Order requiring the attendance of all bargaining representatives in the proposed enterprise agreement at the conference. It is likely that Directions will also be issued to ensure that the parties attend the conference ready to conduct meaningful negotiations.

DEPUTY PRESIDENT

[1] This is, in effect, 10 working days from the making of the Order, as agreed by the parties.

Printed by authority of the Commonwealth Government Printer

< PR776724>