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

[2024] FWC 885

[2024] FWC 885

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.459 - Application to extend the 30 day period in which industrial action is authorised by protected action ballot

Police Federation of Australia-Australian Federal Police Association Branch
v

The Commonwealth Of Australia as represented by The Australian Federal Police

(B2024/410)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 5 APRIL 2024

Application to extend the 30 day period in relation to B2024/128

1. This matter concerns the declaration of the result of a protected action ballot (PR771550) held in matter B2024/128 and declared on 8 March 2024.

1. The Police Federation of Australia-Australian Federal Police Association Branch (AFPA) has made an application pursuant to s.459(3) of the Fair Work Act 2009 (Act) to extend the 30 day period in which industrial action is authorised by the relevant protected action ballot.

1. Section 459(3) of the Act provides as follows:

“(3) The FWC may extend the 30-day period referred to in subparagraph (1)(d)(i) by up to 30 days if:

(a) an applicant for the protected action ballot order applies to the FWC for the period to be extended; and

(b)     the period has not previously been extended.”

1. The application made by the AFPA contends that each of the relevant requirements have been met and that the period should be extended by a further 30 days.

1. The Commonwealth of Australia as represented by the Australian Federal Police (AFP) has advised the Commission that it neither objects or consents to this application.

1. I am satisfied that the relevant requirements of the Act have been met and that the application should be granted.

1. Accordingly, pursuant to section 459(3) of the Act, I order that the 30 day period for the commencement of protected industrial action for eligible AFPA members employed by AFP be extended by a further 30 days.

1. This order will operate on and from 5 April 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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