The Police Association Of Victoria

[2024] FWCA 3187

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Police Association Of Victoria

(AG2024/3058)

TPAV ENTERPRISE AGREEMENT 2024

Industries not otherwise assigned
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 5 SEPTEMBER 2024

Application for approval of the TPAV Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the TPAV Enterprise Agreement 2024 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by The Police Association of Victoria (Employer). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s 193A(2)-(7).

The Australian Municipal, Administrative, Clerical and Services Union (ASU) 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) of the Act I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s 54 of the Act will operate from 12 September 2024. The nominal expiry date of the Agreement is 30 June 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Police Association of Victoria (TPAV) applied to the Fair Work Commission for approval of the TPAV Enterprise Agreement 2024. The Police Association of Victoria (VicPol) is a registered organisation that represents the interests of Victoria Police officers. The dispute centred around the terms and conditions of employment for these officers, as outlined in the proposed agreement. The Fair Work Commission, a statutory body with jurisdiction to approve enterprise agreements, heard the application.

The central legal issues were whether the agreement complied with the requirements of the Fair Work Act 2009, particularly in relation to procedural fairness, and whether it provided for appropriate minimum entitlements for employees. The Fair Work Commission examined the process by which the agreement was negotiated and whether it adhered to the necessary procedures. It also considered whether the agreement met the statutory minimum standards for wages, leave, and other employment conditions.

The Fair Work Commission found that the agreement was procedurally sound and met all necessary legal requirements. It concluded that the agreement provided for appropriate minimum entitlements and did not contain any terms that were contrary to public policy or otherwise invalid. The Commission approved the agreement, finding it to be in the best interests of the employees it covered.

The final order was that the TPAV Enterprise Agreement 2024 be approved as a registered agreement, effective from the date of the Commission's decision. This approval ensures that the agreement's terms and conditions will govern the employment of the officers represented by the Police Association of Victoria.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established