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

The Police Federation of Australia (Victoria Police Branch) T/A The Police Association of Victoria brought a case against Victoria Police, seeking a declaration that a request for flexible working arrangements was refused on unreasonable business grounds. The case was heard in the Fair Work Commission, with the decision being handed down by Commissioner R J Bryant. The primary dispute centred around whether Victoria Police's refusal of a request for flexible working arrangements was justified on reasonable business grounds, and if the decision-making process was lawful and reasonable.

The legal issues at the heart of the case revolved around the interpretation of the applicable provisions within the Fair Work Act 2009 (Cth) and the principles associated with reasonable business grounds. The key question was whether Victoria Police had valid grounds for refusing the request for flexible working arrangements and if the decision-making process adhered to the principles of procedural fairness and reasonableness. The court had to examine the evidence presented by both parties and determine whether the refusal was justified and reasonable.

Commissioner Bryant found that Victoria Police did not have reasonable business grounds for refusing the request for flexible working arrangements. The decision was made without considering the employee's request for flexible working arrangements and was based on a pre-existing view that the request was not feasible. The Commissioner highlighted that Victoria Police had not engaged in a proper consideration of the request and did not demonstrate that the refusal was reasonable. Consequently, the court found that the refusal was unlawful and unreasonable.

The final orders included a declaration that the refusal of the request for flexible working arrangements was unlawful and unreasonable, and Victoria Police was directed to reconsider the request in accordance with the principles of procedural fairness and reasonableness. Additionally, the Commissioner ordered Victoria Police to pay the costs of the proceedings.