The Chief Commissioner of Police

[2016] FWCA 1745

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Chief Commissioner of Police T/A Victoria Police

(AG2016/2526)

VICTORIA POLICE (POLICE OFFICERS (EXCLUDING

COMMANDERS), PROTECTIVE SERVICES OFFICERS, POLICE

RESERVISTS AND POLICE RECRUITS) ENTERPRISE AGREEMENT

2015

State and Territory government administration

COMMISSIONER LEE

MELBOURNE, 21 MARCH 2016

Application for approval of the Victoria Police (Police Officers (excluding Commanders),

Protective Services Officers, Police Reservists and Police Recruits) Enterprise Agreement

2015.

[1] An application has been made for approval of an enterprise agreement known as the

Victoria Police (Police Officers (excluding Commanders), Protective Services Officers, Police

Reservists and Police Recruits) 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 T/A Victoria 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 errors and omitted a REMI Allowance from

Schedule B. Based on the explanatory materials provided by the Applicant and the Police

Federation of Australia, it is clear that the REMI Allowance 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.
[2016] FWCA 1745

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

28 March 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 T/A Victoria Police applied for the approval of the Victoria Police (Police Officers (excluding Commanders), Protective Services Officers, Police Reservists and Police Recruits) Enterprise Agreement 2015 (the Agreement) under the Fair Work Act 2009. The Police Federation of Australia, a bargaining representative, supported the application and wanted the Agreement to cover it. The applicant identified several minor errors in the Agreement, including the omission of a REMI Allowance from Schedule B, but these were corrected based on the explanatory materials provided by both the applicant and the Police Federation of Australia.

The court had to decide whether the Agreement met the requirements of sections 186, 187, and 188 of the Act, and if it should be approved. The court also had to consider whether the Agreement covered the Police Federation of Australia and if the minor errors and omission could be rectified. The court examined the application and the supporting materials to ensure that the Agreement complied with the legal requirements for approval.

The court was satisfied that the Agreement met all the relevant requirements under the Act. The minor errors were corrected, and the omission of the REMI Allowance was rectified based on the explanatory materials. The Police Federation of Australia supported the correction of these errors and wanted the Agreement to cover it. The court approved the Agreement, which will operate from 28 March 2016 until its nominal expiry date of 30 November 2019.

The court approved the Victoria Police (Police Officers (excluding Commanders), Protective Services Officers, Police Reservists and Police Recruits) Enterprise Agreement 2015 and ordered that it would operate from 28 March 2016 until 30 November 2019.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established