v Chief Commissioner of Police T/A Victoria Police

[2024] FWC 2853

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.459 - Application to extend the 30 day period in which industrial action is authorised by protected action ballot

Police Federation of Australia

Chief Commissioner of Police T/A Victoria Police

(B2024/1346)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 14 OCTOBER 2024

Application to extend the 30 day period in relation to B2024/1130.

This matter concerns the declaration of the result of a protected action ballot PR778891 held in matter B2024/1130 and declared on 16 September 2024.

The Police Federation of Australia has made an application pursuant to s.459(3) of the Fair Work Act 2009 (Act) to extend the 30 day period in which industrial action is authorised by the relevant protected action ballot.

Section 459(3) of the Act provides as follows:

“(3) The FWC may extend the 30-day period referred to in subparagraph (1)(d)(i) by up to 30 days if:

(a) an applicant for the protected action ballot order applies to the FWC for the period to be extended; and

(b) the period has not previously been extended.”

The application contends that each of the relevant requirements have been met and that the period should be extended by a further 30 days.

The Chief Commissioner of Police trading as Victoria Police has advised the Commission it has no objection to this application.

I am satisfied that the relevant requirements of the Act have been met and that the application should be granted.

Accordingly, pursuant to section 459(3) of the Act, I order that the 30 day period for the commencement of protected industrial action for eligible employees who were subject to the ballot and are employed by the Employer be extended by a further 30 days.

This order will operate on and from 14 October 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Police Federation of Australia applied to the Fair Work Commission (FWC) to extend the 30-day period in which industrial action is authorised by a protected action ballot. The application was made in relation to a ballot held in matter B2024/1130, the result of which was declared on 16 September 2024. The Chief Commissioner of Police, trading as Victoria Police, did not oppose the application. The application was made pursuant to s.459(3) of the Fair Work Act 2009, which allows the FWC to extend the 30-day period by up to 30 days if certain conditions are met.

The legal issue before the FWC was whether the requirements of s.459(3) of the Fair Work Act were satisfied, thereby justifying the extension of the 30-day period. The key requirements are that the applicant for the protected action ballot order must apply to the FWC for the period to be extended and that the period has not previously been extended. The Police Federation of Australia contended that these conditions were met and that the period should be extended by a further 30 days. The Chief Commissioner of Police did not object to the application.

The FWC Deputy President Hampton was satisfied that the requirements of the Act had been met. As the Chief Commissioner of Police did not oppose the application, and the period had not previously been extended, the Deputy President concluded that the application should be granted. Accordingly, the 30-day period for the commencement of protected industrial action was extended by a further 30 days, effective from 14 October 2024. This decision ensures that eligible employees who were subject to the ballot and are employed by the Chief Commissioner of Police have an additional 30 days to take industrial action, in accordance with the provisions of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established