| [2025] FWC 404 |
| FAIR WORK COMMISSION |
| STATEMENT |
Fair Work Act 2009
s.240 - Application to deal with a bargaining dispute
Police Federation of Australia
v
Chief Commissioner of Victoria Police T/A Victoria Police
(B2025/8)
| COMMISSIONER HARPER-GREENWELL | MELBOURNE, 11 FEBRUARY 2025 |
On 6 January 2025, the Police Federation of Australia (PFA) made a s.240 application to have the Fair Work Commission deal with an ongoing bargaining dispute. The dispute arises out of enterprise negotiations between the Chief Commissioner of Victoria Police T/A Victoria Police (Victoria Police) and the Police Federation of Australia (Victorian Branch) for a proposed enterprise agreement (Proposed Agreement) to replace the Victoria Police (Police Officers, Protective Service Officers, Police Reservists and Police Recruits) Enterprise Agreement 2019 (the 2019 Agreement).
The Commission held conferences assisting the parties to resolve the outstanding claims that remained in dispute on 16, 19, 20 and 21 January 2025. During the conference held on 21 January 2025, the Parties reached an agreement on the outstanding claims and the agreement was recorded in the Victoria Police Enterprise Bargaining s.240 FWA Position Reached paper.
On 22 January 2025, I issued a Recommendation[1] reflecting the agreed outcomes in respect of the matters that were in dispute. As indicated in my Recommendation, the Commission held that it would make itself available to the parties if assistance was required in settling the final terms of the Proposed Agreement.
On 3 February 2025, the parties notified my chambers they sought further assistance from this Commission. A further conference was held on 6 February 2025, during which the Commission assisted in narrowing the differences between parties about the proposed terms of the agreement. At the conclusion of the conference the parties were provided with further directions, and a conference was listed for 11 February 2025.
On 10 February 2025, the parties contacted my Chambers and subsequently advised that the process of a facilitated discussion by this Commission and the subsequent discussions between the parties has enabled the parties to collectively draft and agree clauses within the Proposed Agreement that would give practical effect to the Commission’s Recommendation as it pertains to pre and post shift work activities.
The parties agree the s.240 application is now resolved, and the file will be closed accordingly.
COMMISSIONER
[1] [2025] FWC 208.
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- AGLC
- Police Federation of Australia v Chief Commissioner of Victoria Police T/A Victoria Police [2025] FWC 404
- Case
- [2025] FWC 404
- Decision Date
CaseChat Overview and Summary
The legal issues that the FWC was required to address included the interpretation of the Fair Work Act provisions relevant to bargaining disputes and the appropriate role of the FWC in facilitating negotiations. The Commission had to determine whether the dispute could be resolved through its intervention and whether the terms of any potential agreement would comply with the statutory framework. Additionally, the FWC needed to ensure that the agreement would be fair and reasonable for both parties, in line with the principles of good faith bargaining and the objectives of the Fair Work Act.
The FWC's reasoning involved facilitating discussions between the parties to narrow down the differences and assist in drafting the agreement clauses. The Commission's approach was to provide a neutral platform for negotiations and ensure that any agreement reached would reflect the principles of good faith and the broader objectives of the Fair Work Act. The outcome was that the parties were able to reach an agreement on the outstanding claims and draft the necessary clauses to give practical effect to the Commission’s recommendation. The FWC concluded that the facilitated discussions had successfully resolved the dispute, and the application under section 240 was no longer necessary.
The final orders of the FWC were to close the file on the section 240 application as the parties had reached an agreement. The Commission’s intervention had successfully facilitated the negotiations, leading to a resolution that addressed the outstanding claims and incorporated the agreed terms into the Proposed Agreement.
Orders
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Background
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