AFP Enterprise Agreement.

The AFPA is progressing our log of claims, and the Enterprise Agreement Advisory Committee (EAAC) meets on a regular basis and continues to examine ways that we can secure the best outcome for members.

The President and AFPA Executive members are working tirelessly to push for the best deal possible for our members and hold regular meetings with key stakeholders, including the Chief Operating Officer, the Chief Police Officer, and the Australian Public Service Commissioner. We are also monitoring all developments in the current APS-wide bargaining process. The EAAC is also working with your suggestions to enable us to negotiate an agreement that is fit for purpose and provides all members with improved pay and conditions.

While it was envisaged that the AFP would have provided the Australian Public Service Commission (APSC) with a summary of its bargaining position in accordance with the Australian Government Public Sector Workplace Relations Policy 2023, to date, this has not occurred. We have therefore taken the matter into our own hands and notified the AFP, pursuant to section 173(2A) of the Fair Work Act 2009, that the AFPA require formal bargaining to commence no later than Monday, 11 September 2023 (“Notification Time”).

Below is an overview of the process involved in the bargaining and approval process for enterprise agreements.

  1. Formal notice under section 173(2A) of the Fair Work Act 2009.

AFPA provided the AFP with formal notice to commence bargaining pursuant to section 173(2A) of the Fair Work Act 2009.

  1. Commence Bargaining

The AFP commences bargaining for a new Enterprise Agreement.  The AFP must notify all relevant employees within fourteen days that bargaining has begun. The notice provided must take the form of a Notice of Employee Representational Rights (NERR).  The NERR lets you know that the AFPA or alternative bargaining representative can represent you, and if this step is not complied with, the Fair Work Commission cannot approve the agreement.

  1. Bargaining for the terms of the agreement.

The AFP, AFPA and any other bargaining representatives agree on draft terms for the new Enterprise Agreement.

  1. Approval by the APSC

The draft enterprise agreement is provided to the APS Commissioner for approval prior to the AFP tabling its final position to the employees and/or their representatives.

  1. Access period

The AFP must give all employees at least seven days’ notice of when, where and how the vote will occur (the Access Period). During the Access Period, you must have access to

the text of the proposed agreement and any other documents incorporated into the agreement.

The AFP must also explain the terms of the agreement to you by describing its effects on employees.

  1. Vote

Voting cannot commence until at least 21 days after the last NERR is issued to any employee.  The process of the vote must follow that previously notified.  The Enterprise Agreement will be voted up if a majority of employees who cast a valid vote vote in favour of the agreement.

  1. Approval by the FWC

If the Enterprise Agreement is voted up, the AFP and the AFPA will sign the agreement, and then the AFP must lodge the agreement with the FWC within 14 days of the vote taking place.

We will continue to provide members with updates on a regular basis and encourage members to reach out to us with any issues they have with the current EA and/or any suggestions.