The Police Federation of Australia (Victoria Police Branch) T/A the Police Association of Victoria v Victoria Police/Chief Commissioner of Police

The Police Federation of Australia (Victoria Police Branch), trading as the Police Association of Victoria, brought a case against Victoria Police and the Chief Commissioner of Police. The dispute centred on the right of police employees to be legally represented by lawyers and paid agents in industrial matters. The matter was heard in the Fair Work Commission.

The legal issues before the Commission involved the interpretation of the Fair Work Act 2009, specifically sections concerning the right of employees to be represented by a lawyer or paid agent in industrial disputes. The key question was whether the provisions of the Act allowed for such representation in the context of police employees in Victoria.

The Commission found that the Fair Work Act indeed allowed for representation by lawyers and paid agents in industrial matters, but the specific provisions governing police employees in Victoria were more restrictive. The Commission ruled that while the general provisions of the Act permitted such representation, the special provisions for police employees under the Police Association Act 1967 and related legislation limited this right. The Commission concluded that these special provisions did not permit police employees to be represented by lawyers or paid agents in industrial disputes.

The Fair Work Commission held that police employees in Victoria were not entitled to be represented by lawyers or paid agents in industrial matters, in accordance with the specific provisions of the Police Association Act 1967 and related legislation.