The Police Federation of Australia v The Chief Commissioner of Police Summary

[2023] FWC 3419

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.448 - Application for revocation of protected action ballot order

The Police Federation of Australia
v

The Chief Commissioner of Police

(B2023/1397)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 20 DECEMBER 2023

Application for a revocation of a Protected Action Ballot Order in B2023/1360

A protection action ballot order was issued on 13 December 2023[1]. The voting in the protected action ballot has not yet closed.

The Police Federation of Australia, being the applicant in this matter, has now made an application under s.448 of the Fair Work Act 2009 (Act) to revoke the order.

Section 448 of the Act provides that:

“448 Revocation of protected action ballot order
(1)An applicant for a protected action ballot order may apply to the FWC, at any time before voting in the protected action ballot closes, to revoke the order.
(2)If an application to revoke a protected action ballot order is made, the FWC must revoke the order.”

The requirements of s.448 have been met and the Commission is obliged to revoke the order.

The protected action ballot order made in matter B2023/1360 is hereby revoked.

DEPUTY PRESIDENT

[1] PR769307 and PR769377.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Police Federation of Australia filed an application to the Fair Work Commission seeking the revocation of a previously issued Protected Action Ballot Order. The order, issued on 13 December 2023, related to protected action ballot proceedings under the Fair Work Act 2009. The ballot voting had not yet concluded at the time of the application. The Chief Commissioner of Police was the respondent in this matter, and the decision was made by Deputy President Hampton in Adelaide on 20 December 2023.

The primary legal issue before the court was whether the application for revocation of the Protected Action Ballot Order met the statutory criteria under section 448 of the Fair Work Act 2009. The applicant was required to demonstrate that the application was made before voting in the protected action ballot closed. The court had to determine if the application was timely and if the statutory requirements for revocation had been satisfied.

The Fair Work Commission reviewed the application and found that the statutory requirements were indeed met. Section 448 of the Act explicitly states that if an application to revoke a protected action ballot order is made before voting closes, the FWC must revoke the order. As the application was submitted prior to the closure of voting, the Commission was obliged to revoke the order. Consequently, the protected action ballot order made in matter B2023/1360 was revoked.

The Fair Work Commission's decision was based on the statutory requirement that an application for revocation of a Protected Action Ballot Order must be made before voting closes. Given that the application was submitted in accordance with this requirement, the Deputy President Hampton revoked the order. This decision was made in line with the provisions of the Fair Work Act 2009.

The Police Federation of Australia v The Chief Commissioner of Police

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established