Police Federation of Australia (200V) v Chief Commissioner Of Police
Citation: [2026] FWC 3078
What happened
The Police Federation of Australia (PFA) brought a dispute to the Fair Work Commission concerning the Applicant, a Victoria Police officer. The Applicant was transferred to the Critical Incident Response Team (CIRT) in 2012 and later directed to a temporary placement in another region after a period of directed leave and parental leave. Victoria Police intends to deem him “surplus” and “unattached” from his CIRT position. The dispute relates to whether Victoria Police can take these actions, referencing clauses in the Victoria Police (Police Officers, Protective Services Officers, Police Reservists and Police Recruits) Enterprise Agreement 2025.
What was decided
The Fair Work Commission dismissed the jurisdictional objection. The Commission will now arbitrate the dispute, specifically addressing whether Victoria Police is permitted to deem the Applicant surplus and unattach him from his CIRT position. The decision only addresses the jurisdictional objection and does not make findings on the underlying facts, which may be challenged later. The parties agreed on the questions to be arbitrated.
What it means for employers
Employers should be aware of the dispute resolution procedures outlined in enterprise agreements. Following these procedures, including allowing representation, is crucial. The decision highlights the importance of managing employees who have been absent and returned to duty, particularly regarding training requirements and ongoing obligations.
What it means for employees
Affected employees should understand their rights regarding dispute resolution processes outlined in their enterprise agreement. They have the right to representation during these processes. This case highlights the importance of understanding the implications of returning to duty after
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections