Police Federation of Australia v Victoria Police T/A Victoria Police

[2023] FWC 2914

[2023] FWC 2914

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Police Federation of Australia
v

Victoria Police T/A Victoria Police

(B2023/1210)

DEPUTY PRESIDENT WRIGHT SYDNEY, 6 NOVEMBER 2023

Proposed protected action ballot of employees of Victoria Police

1. This is an application by the Police Federation of Australia (PFA Victoria Police Branch) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Victoria Police (Employer)

1. On 6 November 2023, the Commission was advised that the parties have reached agreement in relation to a number of issues arising from the application and on the basis of this agreement, Victoria Police does not object to the application as amended by the Applicant.

1. On the basis of the material before me, including the declaration of Wayne Lee Gatt, CEO of the Police Federation of Australia, setting out the steps taken by the PFA Victoria Police Branch in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with the Employer, 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. Based on the terms of the agreement reached between the parties, I am satisfied that there are exceptional circumstances justifying the period of written notice being longer than 3 working days in respect to the action described as ‘indefinite or periodic stoppages of work, including consecutive stoppages of work, provided it is safe to do so and does not impact on the delivery of essential policing services’. Pursuant to s.443(5) of the Act, the period of written notice for the purposes of s414(2)(b) of the Act is 5 working days for that action.

1. The ballot is to be conducted by TrueVote Pty Ltd. TrueVote has been approved as an eligible protected action ballot agent under s.468A of the Act and is authorised to conduct the ballot.[1]

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 24 November 2023. This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. An order has been separately issued in PR768016.

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 involved 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] TrueVote Pty Ltd [2023] FWC 1446.

Printed by authority of the Commonwealth Government Printer

<PR768015>