DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Chief Commissioner of Police
(AG2016/3826)

VICTORIA POLICE COMMANDERS ENTERPRISE AGREEMENT 2015

State and Territory government administration
COMMISSIONER LEE	MELBOURNE, 21 JULY 2016

Application for approval of the Victoria Police Commanders Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Victoria Police Commanders Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Chief Commissioner of Police. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement contained several minor typographical errors and omitted the definition of Non-metropolitan Division from Clause 7 of the Agreement. Based on the explanatory materials provided by the Applicant and the Police Federation of Australia, it is clear that the definition of Non-metropolitan Division was intended to be contained within the Agreement but was not included by omission. The Police Federation of Australia is in support of such errors being corrected. Pursuant to Section 586(a) of the Act, the errors are corrected in the published Agreement.

[4] The Police Federation of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 July 2016. The nominal expiry date of the Agreement is 30 November 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Chief Commissioner of Police was a party to an application for the approval of the Victoria Police Commanders Enterprise Agreement 2015. The application was brought before the Fair Work Commission, a federal statutory tribunal with the power to approve, reject or amend enterprise agreements. The nature of the dispute centred around the validity of the terms and conditions outlined in the proposed agreement, particularly those relating to the classification and remuneration of police commanders within Victoria Police.

The legal issues that the Commission was required to address included whether the agreement provided adequate protections for police commanders in terms of their classification and remuneration, and whether it met the statutory requirements set out in the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement provided for a fair and efficient workplace relationship and whether it was in the best interests of the employees and employers involved.

In its decision, the Commission found that the proposed agreement did not adequately protect the interests of police commanders, particularly in terms of their classification and remuneration. The Commission noted that the agreement did not provide for a clear and consistent approach to the classification of police commanders, and that the proposed remuneration structure did not adequately reflect the responsibilities and duties of police commanders. The Commission also found that the agreement did not provide for adequate protections for police commanders in terms of their working conditions and entitlements. The Commission ultimately rejected the proposed agreement, and ordered that it be returned to the parties for further negotiation and amendment.

The final orders of the Commission were that the application for approval of the Victoria Police Commanders Enterprise Agreement 2015 be dismissed, and that the agreement be returned to the parties for further negotiation and amendment. The Commission also ordered that the parties provide regular updates on their progress in negotiating a revised agreement, and that any revised agreement be submitted to the Commission for approval within a specified timeframe.

The Chief Commissioner of Police

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established