The Police Federation of Australia (Victoria Police Branch) v Victoria Police

The Police Federation of Australia (PFA) brought an application to the Fair Work Commission (FWC) under section 739 of the Fair Work Act 2009 (FW Act) and the dispute resolution procedure in the Victoria Police (Police Officers, Protective Services Officers, Police Reservists and Police Recruits) Enterprise Agreement 2019 (2019 Agreement). The PFA sought a determination that Victoria Police must cease all action to transfer four officers out of their positions in the Supervision Order Specialist Response Unit (SOSRU) and acknowledge that maximum time in position (MTIP) would not be applied to their positions. Victoria Police objected to the application on jurisdictional grounds. It argued that the dispute did not concern a matter arising under the 2019 Agreement, but rather arose under the Victoria Police (Police Officers (Excluding Commanders), Protective Services Officers, Police Reservists and Police Recruits) Enterprise Agreement 2015 (2015 Agreement). It also contended that, even if the dispute did relate to the 2019 Agreement, it fell within exclusions to the dispute resolution procedure specified in clause 10.2 of that Agreement. The FWC found that the dispute did not relate to a matter arising under the 2019 Agreement, but instead arose under the 2015 Agreement. Even if it had been a matter arising under the 2019 Agreement, the FWC found that it fell within the exclusions to the dispute resolution procedure in clause 10.2. The application was dismissed.