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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Chief Commissioner of Police sought approval for the Victoria Police (Police Officers, Protective Services Officers, Police Reservists and Police Recruits) Enterprise Agreement 2019. The application was made under the Public Sector Management Act 1992 (Vic). The application was opposed by the Australian Services Union (ASU), on behalf of some police officers, who argued that the agreement should not be approved because it was inconsistent with the public interest. The court had to determine whether the agreement was consistent with the public interest, as well as whether the application was properly made.

The court examined the public interest considerations, including whether the agreement promoted public safety, provided for appropriate accountability, and was consistent with the values and obligations of the police force. The court also considered whether the agreement provided for appropriate remuneration and conditions for police officers. The court held that the agreement was consistent with the public interest because it provided for appropriate remuneration and conditions for police officers, and it promoted public safety and accountability. The court also held that the application was properly made because the Chief Commissioner of Police had followed the correct procedures in making the application.

The court approved the agreement, subject to certain modifications to ensure consistency with the public interest. These modifications included changes to the agreement's provisions on performance management, redundancy, and the use of force. The court also made orders to ensure that the agreement was properly communicated to affected employees and that any disputes arising from the agreement were resolved through the appropriate dispute resolution processes. The court's decision provides guidance for future applications for the approval of enterprise agreements in the public sector.

The Chief Commissioner of Police - Victoria Police

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established