Fair Work Act 2009
s.437 - Application for a protected action ballot order
Police Federation of Australia-Australian Federal Police Association
Branch
v
The Commonwealth of Australia as Represented by the Australian Federal
Police
(B2024/128)
DEPUTY PRESIDENT HAMPTON ADELAIDE, 21 FEBRUARY 2024
Proposed protected action ballot of employees of The Commonwealth of Australia as
represented by the Australian Federal Police.
Pursuant to s.443 of the Fair Work Act 2009 (the Act) the Fair Work Commission orders:
1. PROTECTED ACTION BALLOT TO BE HELD
The Police Federation of Australia-Australian Federal Police Association Branch (AFPA or
Applicant) is to hold a protected action ballot of employees of The Commonwealth of Australia
as represented by the Australian Federal Police (AFP or Employer) described in clause 3 of
this order.
2. NAME OF PERSON AUTHORISED TO CONDUCT THE BALLOT
The ballot is to be conducted by “BA” (Agent). The contact details of the Agent are:
Redacted Information
3. GROUP OR GROUPS OF EMPLOYEES TO BE BALLOTED
In accordance with s.437(5) of the Act, the employees to be balloted are:
All Employees employed by the Employer under section 24 of the Australian Federal Police
Act 1979 who will be covered by the proposed enterprise agreement and whom the AFPA is
the bargaining representative of or who are independent bargaining representatives for
themselves but are members of the AFPA.
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ORDER
AUSTRALIA FairWork Commission
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4. DATE BY WHICH BALLOT CLOSES
The date by which voting in the protected action ballot is to close is 8 March 2024.
5. NOTICE OF INDUSTRIAL ACTION
Pursuant to s.443(5) of the Act, the AFPA is required to provide five (5) working days written
notice in respect to the action described as:
3. Indefinite or periodic bans on the attendance at any Australian Court as
informants or witnesses other than in reply to a subpoena
4. Indefinite or periodic bans on the transport of witnesses for the Office of Public
Prosecutions.
22. The indefinite or periodic bans on attending any Federal Politicians functions or
events that do not carry a “significant” threat rating or higher.
23. Indefinite or periodic bans on escorting Federal Politicians through airports
where there is no known or assessed risk.
25. Indefinite or periodic bans on any liaison visits to any Federal Politicians offices
as well as any Foreign Embassy or Consulates.
26. Indefinite or periodic bans on assistance in the controlled delivery of substituted
illicit drugs or other substituted illicit items
27. Indefinite or periodic bans on assistance to other Commonwealth Agencies
Executing Warrants, or other processes including arrest, where there is no need
for a Specialist Tactical Resource.
28. Indefinite or periodic bans on attendance at Australia Post mail centres and calls
for assistance for detection of drug packages
29. Indefinite or periodic bans on AFP involvement in other Commonwealth
investigations (Tobacco (excise), Fraud, etc.) unless so entrenched in Organised
Crime as to make it necessary.
34. Indefinite or periodic bans on involvement in CACT operations
35. Indefinite or periodic bans on the submission of criminal asset restraining orders
to court.
In respect of the remaining actions, AFPA is required to provide three (3) working days written
notice.
6 QUESTIONS
The question(s) to be put to voters in the ballot are:
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Do you, for the purpose of advancing claims made in the negotiation of an enterprise agreement
covering your employment, authorise the taking of any or all industrial action which is
authorised by this ballot, whether separately, concurrently and- /or consecutively in the form
of:
1. Indefinite or periodic bans on members agreeing to perform voluntary duties.
2. Indefinite or periodic bans on all forms of criminal or traffic infringement notices,
except for traffic infringement notices relating to drunk / drug driving, antisocial or
dangerous driving behaviours or penalty notices triggering an immediate
disqualification or suspension of licence.
3. Indefinite or periodic bans on the attendance at any Australian Court as informants or
witnesses other than in reply to a subpoena.
4. Indefinite or periodic bans on the transport of witnesses for the Office of Public
Prosecutions.
5. Indefinite or periodic bans on the collection of data, recording of daily industrial action
instances and provision of information to the Australian Federal Police and Government
regarding protected industrial actions.
6. Indefinite or periodic bans on the giving of a direction by a member to another member
to perform work which is inconsistent with any form of protected industrial action.
7. Indefinite or periodic bans on compliance with a direction to perform work which is
inconsistent with any form of protected industrial action.
8. The indefinite or periodic interruption of work in order for members to speak to the
media in relation to the bargaining process, protected industrial action and concerns
regarding workloads, Australian Federal Police resource shortages or disadvantages
with the existing Enterprise Agreement.
9. Indefinite or periodic bans on a member contacting another member (the second
member) who is not in receipt of an availability allowance, outside the second member’s
working hours, except for in the circumstance of an emergency situation or genuine
welfare matter.
10. The indefinite or periodic interruption of work, in order to change signature blocks in
emails and replace it with the protected industrial action signature block and campaign
messages circulated by The Australian Federal Police Association.
11. Indefinite or periodic bans on the preparation and entry of Management Significant
Entries into any Information Management System provided there is no identifiable risk
to public safety.
12. Indefinite or periodic bans on the collection of administrative statistics.
13. When requested by a member of the public to sign a statutory declaration or witness a
document, the indefinite or periodic interruption of work to inform them about the
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Australian Federal Police Association industrial relations campaign.
14. The interruption of work periodically, over an indefinite period or for specified periods,
when answering the phone to inform the public about the Australian Federal Police
Association industrial relations campaign, provided that the phone call does not relate
to an emergency matter.
15. The interruption of work periodically at any location, over an indefinite period or for
specified periods, to allow members to speak to the public, media, politicians and/or
government representatives about the Australian Federal Police Association industrial
relations campaign.
16. The indefinite or periodic interruption of work in order for members to write on AFP
vehicles at any location, with non-permanent markings on the vehicle to inform the
public about the Australian Federal Police Association industrial relations campaign.
17. The indefinite or periodic interruption of work for members to park any AFP vehicle at
any location, with non-permanent markings on the vehicle to inform the public about
the Australian Federal Police Association industrial relations campaign.
18. The indefinite or periodic interruption of work in order to affix campaign material in
work locations stating the concerns of members relating to workloads and staffing
shortages.
19. The indefinite or periodic interruption of work in order to affix campaign material such
as pins, stickers, or badges to uniforms and other work locations.
20. The indefinite or periodic interruption of work to don apparel that is Hi-Vis, colourful
and/or with union logo and slogans.
21. The indefinite or periodic interruption of work for members to park police vehicles in
front of speed cameras, at school zones and any Australian Federal Police related
Government facility while displaying emergency lights.
22. The indefinite or periodic bans on attending any Federal Politicians functions or events
that do not carry a “significant” threat rating or higher.
23. Indefinite or periodic bans on escorting Federal Politicians through airports where there
is no known or assessed risk.
24. Indefinite or periodic bans on investigating any referrals sent to the AFP from the offices
of Federal Politicians where no offence has been committed.
25. Indefinite or periodic bans on any liaison visits to any Federal Politicians offices as well
as any Foreign Embassy or Consulates.
26. Indefinite or periodic bans on assistance in the controlled delivery of substituted illicit
drugs or other substituted illicit items.
27. Indefinite or periodic bans on assistance to other Commonwealth Agencies Executing
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Warrants, or other processes including arrest, where there is no need for a Specialist
Tactical Resource.
28. Indefinite or periodic bans on attendance at Australia Post mail centres and calls for
assistance for detection of drug packages
29. Indefinite or periodic bans on AFP involvement in other Commonwealth investigations
(Tobacco (excise), Fraud, etc.) unless so entrenched in Organised Crime as to make it
necessary.
30. Indefinite or periodic bans on familiarisation tours for dignitaries and International
Protected Persons.
31. Indefinite or periodic bans on the provision of information to the Australian Institute of
Criminology.
32. Indefinite or periodic bans on the provision of training to other Commonwealth
Agencies or international equivalents.
33. Indefinite or periodic bans on the filling in of AFP vehicle logbooks.
34. Indefinite or periodic bans on involvement in CACT operations
35. Indefinite or periodic bans on the submission of criminal asset restraining orders to
court.
36. Indefinite or periodic bans on attendance at AFP offices where tasks can be undertaken
remotely.
Yes [ ] No [ ]
7. EMPLOYER TO PROVIDE LIST OF ELIGIBLE EMPLOYEES
7.1 The Employer is to provide to the Agent by 4:00pm on the second working day after
the day the order is issued, a list of its employees (as at the date of the order) being a
list that includes all of the employees who would be covered by the proposed enterprise
agreement, in the following format:
7.2 The list is to be provided in the form of a Microsoft Excel compatible spreadsheet in a
file named “Australian Federal Police– Employee List”.
(a) The list is to be in alphabetical order of surname.
(b) The list is to contain the information (if known) for each employee who would be
covered by the proposed enterprise agreement as indicated by those column names
set out below:
Column 1 Australian Federal Police Identification Number (AFPID)
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Column 2 Surname
Column 3 First Name
Column 4 Whether the employee is represented by a bargaining representative
other than the AFPA (Yes/No)
7.3 The list must be accompanied by a declaration in writing that the Employer reasonably
believes that the information is complete, up-to-date and accurate in accordance with
Regulation 3.15 of the Fair Work Regulations 2009 (Regulations).
7.4 The Employer may provide the list of employees to the Agent by way of encrypted
or password protected email or other electronic means that is accessible by the
Agent.
8. APPLICANT TO PROVIDE LIST OF ELIGIBLE MEMBERS
8.1 The Applicant is to provide to the Agent by 4:00pm on the second working day after
the day the order is issued a list of its members (as at the date of the order) employed
by the Employer in the following format:
8.2 The list is to be provided in the form of a Microsoft Excel compatible spreadsheet in a
file named “AFPA – Member List”.
(a) The list is to be in alphabetical order of surname.
(b) The list is to contain the information (if known) for each member who would be
covered by the proposed enterprise agreement as indicated by those column names
set out below:
Column 1 Australian Federal Police Identification Number (AFPID)
Column 2 Surname
Column 3 First Name
Column 4 Work Email Address
Column 5 Private Email Address
Column 6 Mobile Phone Number
8.3 The list must be accompanied by a declaration in writing that the Applicant reasonably
believes that the information is complete, up‑to‑date and accurate in accordance with
Regulation 3.15 of the Regulations.
8.4 The Applicant may provide the list of members to the Agent by way of encrypted or
password protected email that is accessible by the Agent.
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9. VOTING METHOD
9.1 The ballot is to be conducted by electronic voting and must take place in compliance
with the Act, the Regulations and this order.
9.2 Pursuant to s.450 of the Act, the Agent is to conduct the protected action ballot in
accordance with the following directions.
Timetable
9.2.1 The Agent will determine the date the ballot commences in accordance with s.451. The
Commencement Date will be included in the timetable compiled in accordance with
paragraph 10 of this order. The ballot will not commence before the Commencement
Date.
9.2.2 The date by which voting in the protected action ballot is to close is 8 March 2024.
Voting method
9.2.3 The ballot will be held electronically.
9.2.4 The Agent will design a voting website on a secure server which will allow eligible
voters to vote in the ballot.
9.2.5 The Agent will allocate to each eligible voter on the list of voters a unique identifier,
being a randomly generated internet voting password, to access and vote on the website.
9.2.6 Just prior to the opening of the ballot, the Agent will issue to eligible voters an
Instruction Sheet. The Instruction Sheet will contain the web address for the voting
website, each eligible employee’s randomly generated internet voting password,
instructions on how to vote and any other material the Agent considers relevant.
9.2.7 The Agent will issue the Instruction Sheet to each employee’s email address, where
provided. Additionally, the Agent will send an SMS to any mobile number for that
eligible voter, where a mobile phone has been provided.
9.2.8 The Agent will ensure the voting website will only be accessible for voting in the ballot
by eligible voters.
9.2.9 The Agent will ensure that the operation of the internet voting system provides that an
authenticated voter may cast only one vote in the ballot.
Updates to the list of voters
9.2.10 Before the Commencement Date, the Employer will provide the Agent with the names
of any of its employees that have ceased employment on the day such employment ends.
If any of these employees are on the list of voters, their internet voting password to vote
in the ballot will be disabled.
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10. FINALISING THE LIST OF VOTERS
10.1 The Agent is to finalise the list of voters using its discretion.
11. TIMETABLE FOR BALLOT AND COMPILATION OF LIST OF VOTERS
11.1 The Agent will compile a timetable in accordance with the Act and the Directions
outlined in paragraphs 9.2.1 and 9.2.2 of this order, to be sent to the parties.
11.2 The Agent may make variations to the timetable (excluding the date by which the ballot
would close) as may be necessary to bring about the efficient and expeditious conduct
of the protected action ballot.
12. INFORMATION
12.1 The Agent may give any ballot-related notice, information or other material to
employees by means including sending the materials to employees’ work email
addresses and personal or other email addresses.
12.2 The Agent shall, as soon as practicable, issue to eligible employees on the roll of
voters, the notice to employees, consistent with reg. 3.13 of the Regulations, including
by email to their nominated email address, and SMS to any mobile phone number for
that eligible voter, where a mobile phone number has been provided.
12.3 The notice to employees shall contain a copy of the protected action ballot order and
include the following information and statements:
a) the name and contact details of the Agent including telephone contact and email
address details;
b) the timetable for the conduct of the protected action ballot including the times of
opening and closing the ballot;
c) a statement informing employees that the protected action ballot is to be conducted
by electronic voting;
d) information about how eligible employees will receive their voting instructions and
how they can vote electronically on the designated voting website using unique
identifiers;
e) a statement inviting employees to contact the Agent if the employee believes that he
or she should be included on the roll of voters;
f) a statement inviting employees to contact the Agent if the employee believes that he
or she should not be included on the roll of voters;
g) a statement inviting employees to contact the Agent, the independent advisor (if
any) or the Fair Work Commission in the event that the employee has any concerns
or complaints relating to the conduct of the protected action ballot;
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h) a statement that the protected action ballot is to be conducted as a secret ballot and
that employees are free to approve or not approve the proposed industrial action;
and
i) contact details of the independent advisor if one has been appointed.
13. PROVISION OF INFORMATION AND ASSISTANCE TO AUTHORISED
BALLOT AGENT
13.1 The Applicant and the Employer are to comply as quickly as is reasonably practicable
with any reasonable request made by the Agent pursuant to the Act or the Regulations
for information or assistance.
13.2 The Employer shall facilitate the email delivery of ballot related notices, information,
or other materials to all employees by whitelisting the domain utilised by the Agent.
13.3 The Employer shall allow access to the voting web site from all employees’ places of
work and accommodation (if applicable) by whitelisting the site across the Employer’s
internet network.
13.4 Where the Employer does not manage the IT networks that employees may use to vote
they will do all that is practicable to ensure that Orders 12.2 and 12.3 are complied
with.
14. SCRUTINEERS
14.1 The Applicant and the Employer are to comply with the provisions contained in the
Regulations and to notify in writing to the Agent the names of any scrutineer(s) that
they propose to authorise to attend the conduct of the ballot.
14.2 Any notification of the appointment of any scrutineer(s) must be served on the other
party. Should the other party object to the appointment of any scrutineer(s), then that
party is able to apply to the Fair Work Commission to have its objection heard and
determined.
14.3 The functions of any scrutineer(s) appointed pursuant to this clause will only occur
once all votes have been received, the ballot has closed, but before any ballot result is
declared.
15. RESULTS
15.1 The Agent may, on request, report to either the Employer or the Applicant the
participation rate.
15.2 The Agent shall report the results of the protected action ballot as soon as practicable
after the close of voting to the Applicant, the Employer and the Fair Work
Commission. The report to the Commission is to be provided only to
chambers.hampton.dp@fwc.gov.au
mailto:chambers.hampton.dp@fwc.gov.au
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16. CONFIDENTIALITY
Pursuant to s.594 of the Act, the Commission orders that the name of the ballot agent and any
information identifying the ballot agent be prohibited from publication and kept confidential to
the parties, Commission and employees to be balloted only, and referred to by the pseudonym
"BA" in any published orders or decisions in this proceeding.
15. DATE OF EFFECT
This order commences on 21 February 2024.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
THE FAIR WORK COMMISSION AUSTRALLA THE SEAL
