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

[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

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.

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.

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.”

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.

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.

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

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.

This order will operate on and from 5 April 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Police Federation of Australia-Australian Federal Police Association Branch (AFPA) filed an application with the Fair Work Commission to extend the 30-day period within which industrial action is authorised by a protected action ballot. The matter pertains to the declaration of the result of a protected action ballot held in matter B2024/128, which was declared on 8 March 2024. The Commonwealth of Australia, represented by the Australian Federal Police (AFP), neither objected to nor consented to the application.

The central legal issue before the court was whether the 30-day period, as stipulated in section 459(3) of the Fair Work Act 2009, could be extended. The AFPA argued that the conditions for an extension, including the absence of any previous extension, were satisfied. The Commonwealth's stance was neutral, neither opposing nor endorsing the application.

In reaching its decision, the court noted that the AFPA's application met all the statutory requirements for an extension under section 459(3) of the Act. Given the absence of any objections from the Commonwealth, the court found that the application should be granted. Consequently, the 30-day period for the commencement of protected industrial action was extended by a further 30 days, effective from 5 April 2024. This extension allows eligible AFPA members employed by the AFP additional time to take industrial action as authorised by the ballot.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established