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.

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 [...]

2906, 2023

Requests for Flexible Working Arrangements and Extending Unpaid Parental Leave

On 6 June 2023, the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022, which amends the Fair Work Act 2009 (FW Act), came into effect. These amendments strengthen the right to request an extension of unpaid parental leave and flexible working arrangements. These requests are currently covered by the National Employment Standards (NES) as contained in the FW Act. However, the FW Act did not have an avenue for employees to challenge the refusal of such requests e on reasonable business grounds unless the parties have agreed to this in an enterprise agreement, employment contract, other written [...]

1702, 2023

February Legal Dispatch 2023

In the workplace, consultation is a form of conversation. It is a conversation that has a particular focus. It can arise from the mutual recognition of a problem that requires resolution. However, more commonly, it arises from the employer identifying a need for change, developing a solution, and then discussing the change proposal with employees, stakeholders and unions. The Fair Work Act 2009 requires all employers to include a consultation term in their enterprise agreements. For the AFP, this is clause 70 of the AFP Enterprise Agreement 2017-2020 (the EA). The key requirement of consultation is that members are [...]

1601, 2023

January Legal Dispatch

Scheme for Compensation for Detriment caused by Defective Administration (‘the CDDA Scheme’) The CDDA was established to allow Australian Government agencies, including the Australian Federal Police (AFP), to provide compensation where there is a moral rather than legal obligation to do so. For example, in circumstances where a member of the AFP suffers loss or damage due to a mistake or poor administrative practice made by the AFP, and there are no remedies available through administrative appeal, litigation, or any other legal mechanism to provide relief. The aim of the CDDA Scheme is to restore that applicant to the [...]

1412, 2022

December Legal Dispatch

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. Pay Matters We remind members that there will be no change to scheduled paydays over the Christmas/New Year period. However, please note the following timeframes need to be met if allowances and penalties are to be paid. Pay day 22nd December 2022: Amendments to DFAT Allotments need to be received by 4pm AEDST Monday [...]

911, 2022

Timeframes for Industrial and Legal Matters

We would once again like to encourage members to reach out to us as soon as reasonably possible for any assistance they may require for industrial/legal advice and assistance. This places us in the best position to assist you in relation to your matter. We especially encourage members to be aware of certain timeframes for specific matters. With this in mind, we provide the following information regarding common deadlines: Comcare While they are no time limits to lodge a Comcare claim for psychological or physical injury, we strongly advise members, as a rule of thumb, to do so sooner [...]

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