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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

Prior to submitting any claims for Workers’ Compensation, it is important that members contact the AFPA for advice and assistance. We can provide invaluable assistance to members when they are preparing a claim. Claims for Workers’ Compensation for injuries or illnesses are not always straightforward. The burden of proof of injury remains with the worker who must be able to prove their employment is a significant contributing factor to their injury or disease. For a Comcare claim to be accepted, claimants must show that they are a ‘worker’ as defined in the Safety, Rehabilitation and Compensation [...]