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

[2024] FWC 2230

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

(B2024/1055)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 20 AUGUST 2024

Application to extend the 30 day period in relation to B2024/843.

This matter concerns the declaration of the result of a protected action ballot PR776723[1] held in matter B2024/843 and declared on 23 July 2024.

The Police Federation of Australia – Australian Federal Police Association Branch 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 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 has not advised the Commission of any objection 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 employees who were subject to the ballot and are employed by the Employer be extended by a further 30 days.

This order will operate on and from 20 August 2024.

DEPUTY PRESIDENT

[1] Varied in PR776893.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Police Federation of Australia - Australian Federal Police Association Branch lodged an application with the Fair Work Commission (FWC) seeking an extension of the 30-day period during which industrial action could be taken by employees following a protected action ballot. The ballot in question, PR776723, was held and declared on 23 July 2024 in relation to matter B2024/843. The Australian Federal Police, as the employer, did not oppose the application.

The legal issue before the Deputy President was whether the 30-day period, as stipulated in section 459(3) of the Fair Work Act 2009, could be extended. Section 459(3) allows for such an extension if the applicant for the protected action ballot order applies to the FWC and if the period has not previously been extended. The Police Federation argued that all conditions were satisfied and requested an additional 30-day extension.

The Deputy President found that the application met the criteria set out in section 459(3) of the Act. The employer had not raised any objections, and the period had not been extended previously. Consequently, the Deputy President granted the application and extended the 30-day period for the commencement of protected industrial action by a further 30 days, effective from 20 August 2024.

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