The Police Federation of Australia (Victoria Police Branch) v Victoria Police /Chief Commissioner of Police

[2023] FWC 3316

[2023] FWC 3316

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

The Police Federation of Australia (Victoria Police Branch)
v

Victoria Police /Chief Commissioner of Police

(B2023/1360)

DEPUTY PRESIDENT HAMPTON MELBOURNE, 13 DECEMBER 2023

Proposed protected action ballot of employees of Police Federation of Australia

1. This is an application by The Police Federation of Australia (Victoria Police Branch) (PFA or Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Victoria Police /Chief Commissioner of Police (Victoria Police or Employers).

1. On 12 December 2023, the Commission was advised that Victoria Police, in effect, did not object to the Application.  

1. In the circumstances, I have decided to determine the matter on the papers without holding a hearing.  

1. On the basis of the material before me, including the declaration of Mr Wayne Gatt, CEO PFA, setting out the steps taken by the PFA in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with Victoria Police, I am satisfied that there is a notification time in relation to the proposed agreement and that all of the requirements in s.443(1) of the Act have been met.  

1. The ballot is to be conducted by the TrueVote Pty Ltd (TrueVote). TrueVote has been approved as an eligible protected action ballot agent under s 468A of the Act[1] and consequently is authorised to conduct the ballot.

1. For the purposes of s.443(3)(c) of the Act, the Commission has determined that the date by which voting is to close is 29 December 2023. This also establishes the ballot period for the purpose of s.448A(2) of the Act. In establishing this period, I have applied the principles set out by the Full Bench in CEPU v Nilsen.[2] Section 443(3A) of the Act requires the Commission to establish a ballot period that enables the ballot to be conducted as expeditiously as practicable. Without being definitive, I have had regard to the known circumstances of the parties, the capacity for the ballot agent to conduct a ballot in the period specified and the implications of the requirement to order attendance of all bargaining representatives at, and to conduct, the s.448A compulsory conciliation conference during the ballot period. In this case, all parties, and the other bargaining representatives involved, have confirmed their availability to attend the required conference and the Commission is able to accommodate the timeframe involved, and True Vote has verified that it can complete the ballot as required.

1. An order has been separately issued in PR765327.

1. This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference. That Member will issue an Order requiring the attendance of all bargaining representatives involved in the proposed enterprise agreement at the conference. It is likely that Directions will also be issued to ensure that the parties attend the conference ready to conduct meaningful negotiations.

DEPUTY PRESIDENT

[1] TrueVote Pty Ltd [2023] FWC 1446.

[2] [2023] FWCFB 134.

Printed by authority of the Commonwealth Government Printer

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