The Chief Commissioner of Police - Victoria Police

[2020] FWCA 1578

[2020] FWCA 1578

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Chief Commissioner of Police - Victoria Police
(AG2020/615)

VICTORIA POLICE (POLICE OFFICERS, PROTECTIVE SERVICES OFFICERS, POLICE RESERVISTS AND POLICE RECRUITS) ENTERPRISE AGREEMENT 2019

State and Territory government administration
COMMISSIONER LEE	MELBOURNE, 25 MARCH 2020

Application for approval of the the Victoria Police (Police Officers, Protective Services Officers, Police Reservists and Police Recruits) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the the Victoria Police (Police Officers, Protective Services Officers, Police Reservists and Police Recruits) Enterprise Agreement 2019 (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 - 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 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.

[4] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 107 – Accrual of Paid Personal/ Carer’s Leave

•  Clause 109.2 – Scope of Personal/ Carer’s Leave

However, noting clause 3.3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 April 2020. The nominal expiry date of the Agreement is 30 November 2023.

COMMISSIONER

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