Legal and Industrial Dispatch

If you’ve ever required assistance from your Association, help has likely been provided through our Legal and Industrial team. AFPA industrial officers give advice and support to members facing employment-related issues.

Whether it be a Professional Standards investigation, interpretation of the Enterprise Agreement, submitting a Comcare claim, or representation during a dispute; your Association is here to help.

The AFPA Legal and Industrial report ensures you are up-to-date with the work of the legal and industrial team, including any collective industrial issues and ongoing litigation. It also gives an oversight on any emerging trends that we are seeing in our case work, as well as providing reminders to ensure you are making the most of your Enterprise Agreement entitlements.

1902, 2024

February 2024 AFPA Legal and Industrial Update

The AFPA has been at the forefront of the drive to include a Right to Disconnect into any Enterprise Agreement covering our members. It now appears that the Government are taking this crucial right seriously, with Industrial Relations Minister Tony Burke making a deal with crossbench senators and including the Right to Disconnect in the Closing Loopholes (No 2) legislation, which was passed by the Senate on 8 February and the lower house on Monday 12 February. The deal will give workers the right to ignore unreasonable calls and messages, combined with a ban on a penalty for the [...]

1501, 2024

January 2024 AFPA Legal and Industrial Update

The changes outlined in the Fair Work Legislation Amendment (Closing Loopholes) Act 2023 (Part 1) have come into effect! Presumptive Legislation - posttraumatic stress disorder Prior to Christmas, the Fair Work Amendment (Closing the Loopholes) Bill 2023 was amended by the Senate, which opted to split the legislation into two bills, separating less controversial aspects of the bill from more contentious proposals. Part 1 of the bill was passed on December 7, 2023, and received Royal Assent on December 14, 2023. Part 1 amended the Safety, Rehabilitation and Compensation Act 1988 to include a presumption for PTSD injuries experienced [...]

1312, 2023

December 2023 AFPA Legal and Industrial Update

Christmas/New Year Period With the upcoming Christmas and New Year break, we wish to provide reminders to members so they can enter the holiday season with confirmation of entitlements, awareness of policy/ procedures, and contacts for support should they need it. I implore members to utilise their designated days off and holidays for the purpose of relaxation, rejuvenation, and quality time with loved ones and to address any personal matters that may be hindered by work obligations. During these periods of leave, before or after your scheduled shift or where you have been stood down, it is important to [...]

1511, 2023

Non-APS Bargaining Government Parameters

On 31 October, the AFPA received the new Non-APS Bargaining - Government Parameters, which have direct implications on bargaining for the new Enterprise Agreement. The AFPA is extremely disappointed and frustrated that the Australian Public Service Commission is dictating the conditions under which the AFPA can bargain for its members, in direct contradiction to the principles of “good-faith bargaining”. We strongly oppose the imposition of such stringent requirements and are actively working to find a means by which we can secure the pay and conditions members deserve. The parameters on specific conditions impose barriers and make it impossible to [...]

1710, 2023

The Enterprise Agreement and Good Faith Bargaining

The Enterprise Agreement and Good Faith Bargaining.  Bargaining for the new Enterprise Agreement commenced on 26 September 2023, and weekly meetings have been scheduled for bargaining. This process is governed by the principle of good faith bargaining, which is a crucial aspect of the industrial relations system. The Fair Work Act 2009 (Cth) (the Act) is the primary legislation governing industrial relations in Australia, and it includes provisions that outline the obligations of employers, employees, and their representatives when engaging in collective bargaining.  Overall, good faith bargaining is intended to promote fairness, stability, and a balanced power dynamic in [...]

1309, 2023

Presumptive legislation

The Fair Work Amendment (Closing the Loopholes) Bill 2023 has been introduced into parliament and contains a raft of proposed changes to the Fair Work Act 2009 to tackle loopholes within the current industrial relations framework. Of particular interest is the proposed amendments to the Commonwealth workers’ compensation legislation, which, if passed, would streamline workers' compensation for first responders living with PTSD under the Safety, Rehabilitation and Compensation Act 1988.The proposed measures would establish a presumption for PTSD injuries acquired by first responders. This means AFP employees (sworn and unsworn) who suffer a PTSD injury would no longer be required [...]

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