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55-739: The Australian Federal Police Association ( AFPA ) is a registered Industrial Organisation under the Fair Work Act 2009 operating as a Branch of the Police Federation of Australia . The AFPA has sole autonomous political and industrial coverage for all employees within the Australian Federal Police which includes sworn Federal Agents; Police Officers; Protective Service Officers; and non-sworn support staff deployed nationally and overseas. The Australian Federal Police Association also provides industrial coverage for

110-488: A bargaining agent not later than 14 days after the notification time of the agreement. The notification time is the time when the employer agrees to bargain or initiates bargaining when the FWC determines that there is majority support among employees for collective bargaining, or when a scope order (an FWC-issued order to resolve questions about the employees covered by an agreement) comes into operation. The notice must specify that

165-508: A bargaining representative of an employee who will be covered by the agreement. Mandatory terms in an enterprise agreement are set out in Division 5 of the Act. Agreements must include a flexibility term, that is, a mechanism for allowing variations in the agreement to meet needs of individual employees while still preserving basic entitlements and protections. They must include the obligation for

220-461: A bargaining representative to reach agreement on the terms that are to be included in the agreement. If one or more of the bargaining parties does not meet the good-faith requirements, the concerned party should first provide the party allegedly not bargaining in good faith with a written notice setting out those concerns to the relevant bargaining representatives, and a reasonable time within which to respond to those concerns. However, Section 229 of

275-492: A full ten years in operation since the conciliation and arbitration model which characterised Australian industrial relations for much of the previous century. A senior member of the Fair Work Commission acknowledged in 2014 that Australia's workplace laws are complex, often requiring specialist legal advice. Gillard has stated a fairer system meant 'in most cases lawyers [would not] be necessary', however under

330-472: A new business which has not commenced operations. The most common type of enterprise agreement is the single-enterprise, and the principal requirement for such an agreement to be approved by the Fair Work Commission is that it passes what is known as the "Better Off Overall Test" (BOOT). The BOOT involves the Fair Work Commission assessing a proposed agreement and ensuring it provides conditions more favourable than current legal minimum entitlements. The BOOT

385-654: A speech to the Australian Labor Law Association her ambition was to 'establish long-term stability in [the Australian industrial] relations system'. Beginning with the Industrial Relations Act 1988 , the preceding two decades had been a prolonged period of repeated and substantial change to the Australian industrial landscape. The system following the passing of the Act was the first Australian labour law regime to last

440-404: A timely manner. Capricious or unfair conduct undermining collective bargaining is prohibited. Parties may seek bargaining orders from the Fair Work Commission if they believe the other party has failed to comply with these good-faith bargaining obligations. Good-faith bargaining does not require a bargaining representative to make concessions during bargaining for the agreement, nor does it require

495-575: Is different to its predecessor, the 'no disadvantage test' which allowed passing of a collective agreement provided it would not result in conditions less favourable to those otherwise applicable. Naughton and Pittard note the different language and requirements of the BOOT, suggesting it 'can be interpreted quite differently from the [no disadvantage test]' raising the bar higher to ensure workers are actually better off, rather than simply not disadvantaged. There has been mostly partisan debate about aspects of

550-494: Is a proposed law that needs to be discussed in the parliament before it can become a law. In territories with a Westminster system , most bills that have any possibility of becoming law are introduced into parliament by the government. This will usually happen following the publication of a " white paper ", setting out the issues and the way in which the proposed new law is intended to deal with them. A bill may also be introduced into parliament without formal government backing; this

605-643: Is an Act of the Parliament of Australia , passed by the Rudd government to reform the industrial relations system of Australia. Replacing the Howard government 's WorkChoices legislation, the Act established Fair Work Australia, later renamed the Fair Work Commission . As the core piece of Australian labour law legislation, it provides for terms and conditions of employment, and also sets out

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660-406: Is known as 'adverse action' against an employee because of a protected reason. Adverse actions can include: Employers must not take adverse action against an employee because of: Under the provisions provided in the general protection provisions, a claim of adverse action based on a protected reason must show a direct and substantial link. It is not sufficient merely to claim adverse action on

715-452: Is known as a private member's bill . In territories with a multicameral parliament, most bills may be first introduced in any chamber. However, certain types of legislation are required, either by constitutional convention or by law, to be introduced into a specific chamber. For example, bills imposing a tax , or involving public expenditure , are introduced into the House of Commons in

770-448: Is passed by Parliament it becomes an act and part of statute law. There are two types of bill and act, public and private . Public acts apply to the whole of the UK or a number of its constituent countries – England, Scotland, Wales and Northern Ireland. Private acts are local and personal in their effect, giving special powers to bodies such as local authorities or making exceptions to

825-987: The Commonwealth Government since the Senate Legal and Constitutional Affairs Committee's 'Inquiry into the Management Arrangements and Adequacy of Funding of the Australian Federal Police and the National Crime Authority ' in August 2001. The BlueStar Magazine is a publication of the Australian Federal Police Association with articles about the professional issues of the Federal Police for public dissemination. Fair Work Act 2009 The Fair Work Act 2009 (Cth)

880-527: The Federal Court and Federal Magistrates Court and, in some cases, state and territory courts, perform the judicial functions under the Act. The Act is the foundation of Australia's industrial relations legal framework, thought to be one of the most complex in the world. The Howard government introduced WorkChoices in November 2005, these changes later credited a significant contributor to

935-407: The Parliament of England did not originally have titles, and could only be formally cited by reference to the parliamentary session in which they were passed, with each individual act being identified by year and chapter number. Descriptive titles began to be added to the enrolled acts by the official clerks, as a reference aid; over time, titles came to be included within the text of each bill. Since

990-646: The Parliament of India , every bill passes through following stages before it becomes an Act of Parliament of India : In the Irish Parliament, the Oireachtas , bills pass through the following stages. Bills may be initiated in either the Dáil or the Seanad, and must pass both houses. In New Zealand, the bill passes through the following stages: A draft piece of legislation is called a bill ; when this

1045-507: The head of state . In some countries, such as in France, Belgium, Luxembourg , Spain and Portugal, the term for a bill differs depending on whether it is initiated by the government (when it is known as a "draft"), or by the parliament (a "proposition", i.e., a private member's bill). In Australia, the bill passes through the following stages: In Canada, the bill passes through the following stages: The committee considers each clause of

1100-556: The 'floor' of entitlements, the base from which further conditions could be bargained. The Act enables bargains to be formalised into an enterprise agreement, which as noted by Naughton and Pittard, is the "principal focus" of the Act . On 1 July 2010, the new bargaining arrangements under the Act became operational. Contrary to the individual arrangements dominant under WorkChoices, the Act emphasises enterprise based bargaining, removing individual Australian Workplace Agreements. The Act continues to outlaw pattern bargaining and removed

1155-566: The AFPA on an ongoing basis. The AFPA is affiliated with Australia's national police charity, the AUSPOL – Police Welfare Foundation. The AFPA National office provides its members with a full range of services including: The AFPA also lobbies government on a variety of law enforcement issues. The AFPA made substantial contributions to the debate surrounding the detainment of Dr Mohamed Haneef . AFPA CEO Jim Torr (Resigned October 2012) stated that

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1210-639: The AFPA's members were tired of the negative public comments about the AFP Commissioner and the Australian Federal Police that were pre-emptive of the Clarke Inquiry Report. In their submission to the Clarke Inquiry the AFPA recommended that the Australian Federal Police be placed under the scrutiny of a Parliamentary Joint (statutory) Committee. The Australian Government responded to the Clarke Inquiry Report by accepting

1265-401: The Act states it may not be necessary to comply with the notice requirements should the Fair Work Commission be 'satisfied that it is appropriate in all the circumstances to do so'. If the party does not respond appropriately to the written notice, the Fair Work Commission can make a bargaining order. Should the relevant party continue to ignore the good-faith requirements following this order,

1320-917: The Australian Crime Commission and the Australian Commission for Law Enforcement Integrity. Between 1942 and 1982 the industrial interests of the Commonwealth law enforcement were represented by the Defence Establishments Guard Association (1942–1943), the Peace Officer Guard Association (1943–1958), and the Commonwealth Police Officers' Association (1958–1982). The ACT Police Officers' Association (1933–1979) and subsequently

1375-709: The Australian Federal Police [AFP]. The AFP was a merger of the Commonwealth police, Narcotics Bureau and the ACT police. In 1998 the AFPA changed its rules to establish the Police Federation of Australia , which now incorporates Branches for all State, Territory and Federal Police and is affiliated with the Australian Council of Trade Unions (ACTU). The PFA is the peak lobbying body on behalf of all Australian Police Associations/unions. The PFA provides additional research & lobbying capacity for

1430-483: The Australian Labor Party argued such changes would result in cuts to workers pay and opposed the changes. A core objective of the Act is to enable the facilitation of good faith bargaining. This involves each party making a sincere effort in negotiations, including attending and participating in meetings at reasonable times, disclosing relevant information and considering proposals genuinely and in

1485-499: The BOOT in its current form. The Industrial Relations Minister Christian Porter in 2020 introduced legislation designed to weaken the BOOT, but withdrew it in March 2021 in the face of opposition from independent crossbenchers. The legislation would have allowed the Fair Work Commission significant discretion to approve an agreement that places workers on conditions less favourable than they otherwise would be entitled. Trade unions and

1540-486: The Fair Work Act 2009, and can be the employer, a person the employer appoints in writing, the employee, or a person an employee appoints in writing. If the employee is a member of an employee organisation that is entitled to represent the industrial interests of the employee and the employee does not appoint another person as their bargaining representative, the organisation will be the bargaining representative of

1595-406: The Fair Work Commission can issue a serious breach declaration. If the bargaining representatives have not settled the issue of non-compliance by the end of the post-declaration negotiating period (generally 21 days), the Fair Work Commission can issue a bargaining related workplace determination. The Act stipulates that employers must take all reasonable steps to notify employees of their right to

1650-592: The Federal Police Association (1979–1982) represented the industrial interests of the ACT police until 1982. In July 1982 the Australian Federal Police Association (AFPA) was established following a merger between the Commonwealth Police Officers' Association [CPOA] and the Federal Police Association [FPA]. The impetus for the AFPA was the proclamation of the Australian Federal Police Act on 15 June 1979 that established

1705-563: The House of Commons, or S- if they originate in the Senate. For example, Bill C-250 was a private member's bill introduced in the House. Bills C-1 and S-1 are pro forma bills, and are introduced at the beginning of each session in order to assert the right of each Chamber to manage its own affairs. They are introduced and read a first time, and then are dropped from the Order Paper . In

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1760-538: The United Kingdom, Canada's House of Commons , Lok Sabha of India and Ireland's Dáil as a matter of law. Conversely, bills proposed by the Law Commission and consolidation bills traditionally start in the House of Lords . Once introduced, a bill must go through a number of stages before it can become law. In theory, this allows the bill's provisions to be debated in detail, and for amendments to

1815-565: The basis of possessing a protected characteristic and then facing adverse action, as demonstrated in Philip v State of NSW, where an individual applied for a position in the New South Wales police force, and during interviews had been recorded in file notes as having limited English skills, an accent, and was difficult to understand. It was also noted this individual was agitated during the interviews. The individuals refusal of employment

1870-512: The bill, and may make amendments to it. Significant amendments may be made at the committee stage. In some cases, whole groups of clauses are inserted or removed. However, if the Government holds a majority, almost all the amendments which are agreed to in committee will have been tabled by the Government to correct deficiencies in the bill or to enact changes to policy made since the bill was introduced (or, in some cases, to import material which

1925-742: The clause stand part of the bill are made. In the Report stage, the debate is on the motions for specific amendments. Once a bill has passed both Houses in an identical form, it is presented to the Governor General , who gives it royal assent . Although the Governor General can refuse to assent a bill, this power has never been exercised. Bills being reviewed by Parliament are assigned numbers: 2 to 200 for government bills, 201 to 1000 for private member's bills , and 1001 up for private bills . They are preceded by C- if they originate in

1980-525: The defeat of the Coalition and installation of a Labor government committed to repealing the reforms. Joe Hockey, some days after his government lost power, described WorkChoices as "dead". Introduced in 2008, the Act was explained as creating 'a national workplace relations system that is fair to working people, flexible for business and promotes productivity and economic growth'. The then Minister for Employment and Workplace Relations , Julia Gillard

2035-442: The distinction between union and non-union agreements. Under the Act there are three types of enterprise agreement. First, a single-enterprise agreement made between an employer and the employees whom the agreement will cover. Second, a multi-enterprise agreement made between two or more employers, covering the employees of those employers. Third is a 'greeenfields' agreement between an employer and trade union, made in relation to

2090-630: The division of powers between federal and state parliaments. Prior to 2006, the relevant power relied by governments to regulate Australia's industrial relations system was the conciliation and arbitration power under section 51(xxxv). This led to both federal and state parliaments having the power to legislate with respect to industrial relations, leading to a 'dual system' that had 'unnecessary complexity and technicality'. A federal industrial tribunal would conciliate and arbitrate disputes between trade unions and employers, generally on an industry basis ensuring consistency of conditions within that industry, and

2145-453: The employee may appoint a bargaining representative to represent the employee in bargaining for the agreement and a matter before FWC that relates to bargaining for the agreement. An employee organisation cannot be a bargaining representative of an employee unless the organisation is entitled to represent the industrial interests of the employee. A person may revoke their bargaining agent in writing. Bargaining agents are described in Division 3 of

2200-406: The employee. Instruments for appointing a bargaining representative are also set out in Division 3. An appointment of a bargaining representative comes into force on the day specified in the instrument of appointment. The employer must be given the instrument of appointment of the bargaining agent. For an appointment made by an employer, a copy of the bargaining instrument must be given, on request, to

2255-560: The employer to consult with covered employees about major workplace changes that are likely to have a significant effect on the employees and allow for the representation of those employees for that consultation. The agreed-on base rate of pay cannot be below that set by the relevant modern award. There are eleven minimum conditions covered under the National Employment Standards: The Act created modern awards, which are industrial instruments setting out

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2310-465: The exclusive power for laws with respect to industrial relations not within the scope of these powers, which is any employer not considered a 'constitutional corporation', an employer not incorporated under the Corporations Act , an Commonwealth legislation enacted under the corporations power. Act of Parliament A draft act of parliament is known as a bill . In other words, a bill

2365-690: The law in particular geographic areas. In the United Kingdom Parliament, each bill passes through the following stages: In the Scottish Parliament, bills pass through the following stages: There are special procedures for emergency bills, member's bills (similar to private member's bills in the UK Parliament), committee bills, and private bills. In Singapore, the bill passes through these certain stages before becoming into an Act of Parliament. Acts passed by

2420-499: The mid-nineteenth century, it has also become common practice for acts to have a short title , as a convenient alternative to the sometimes lengthy main titles. The Short Titles Act 1892 , and its replacement the Short Titles Act 1896 , gave short titles to many acts which previously lacked them. The numerical citation of acts has also changed over time. The original method was based on the regnal year (or years) in which

2475-510: The minimum terms and conditions of employment in addition to the National Employment Standards. A modern award cannot exclude any provision of the National Employment Standards, but can provide additional detail in relation to the operation of a related entitlement. Modern awards came into effect on 1 January 2010, and apply to all employers covered by the Act. The Act specifically prohibits employers from taking what

2530-422: The original bill to also be introduced, debated, and agreed to. In bicameral parliaments, a bill that has been approved by the chamber into which it was introduced then sends the bill to the other chamber. Broadly speaking, each chamber must separately agree to the same version of the bill. Finally, the approved bill receives assent; in most territories this is merely a formality and is often a function exercised by

2585-566: The recommendations of the AFPA, undertaking to create a Parliamentary Joint Committee on Law Enforcement to extend parliamentary oversight to include the Australian Federal Police and enabling the Joint Committee on Intelligence and Security to extend inquiries to include the Australian Federal Police . In May 2009, the AFPA made its major report titled 'Enforcing Against Risk' to the Federal Audit of Policing Capabilities which

2640-439: The reform, employers and employees are seeing an increasing risk of litigation and complexity, leading to increased involvement of lawyers. Collective bargaining is a mechanism which allows employees, employers and representational parties to express their objectives with respect to work. Such bargaining was at the centre of the Australian Labor Party's industrial relations policy. As noted by Woodward, modern awards would provide

2695-415: The relevant parliamentary session met. This has been replaced in most territories by simple reference to the calendar year, with the first act passed being chapter 1, and so on. In the United Kingdom, legislation has referenced by year and chapter number since 1963 ( Acts of Parliament Numbering and Citation Act 1962 ). Each act is numbered consecutively based on the date it received royal assent, for example

2750-476: The rights and responsibilities of parties to that employment. The Act established a safety net consisting of a national set of employment standards , national minimum wage orders, and a compliance and enforcement regime. It also establishes an institutional framework for the administration of the system comprising the Fair Work Commission and the Fair Work Ombudsman , The Fair Work Divisions of

2805-810: The tribunal would deliver its decisions via instruments known as awards. The Australian Constitution provides no direct power for the Commonwealth Parliament to make laws with respect to industrial relations. Therefore, WorkChoices and the Act rely on the corporations, territory, and external affairs powers. Through a series of decisions, the High Court of Australia has found the parliament has jurisdiction to rely on these constitutional powers to enact industrial legislation, most recently in New South Wales v Commonwealth, also known as WorkChoices decision. However, state parliaments retain

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2860-657: Was commissioned by the Minister for Home Affairs, the Hon. Bob Debus MP in January 2009 to report by the end of June 2009. The detailed Report makes several recommendations for the reform about the way that federal law enforcement agencies meet emerging expectations and strategic risks during the global recession. In particular, the AFPA's submission updates and expands upon the AFPA's Nationally Integrated Commonwealth Law Enforcement Model (NICLE), which had been largely implemented by

2915-516: Was found not to constitute a breach of the general protections provision as the decision was not exclusively based on a lack of English, but also an 'abrasive' attitude. The Australian Constitution plays a fundamental role in the Australian industrial relations system, particularly the Act. As it is legislation of the federal parliament, application of the Act is limited by section 51 of the Australian Constitution , which sets out

2970-504: Was not ready when the bill was presented). The debate on each stage is actually debate on a specific motion. For the first reading, there is no debate. For the second reading, the motion is "That this bill be now read a second time and be referred to [name of committee]" and for third reading "That this bill be now read a third time and pass." In the Committee stage, each clause is called and motions for amendments to these clauses, or that

3025-484: Was responsible for the Act's eventual implementation. Prior to taking office in 2007, Gillard had been responsible as party spokeswoman on industrial relations for negotiating with unions in drafting the Australian Labor Party's policy on industrial relations. This policy was formalised in April 2007 through Forward with Fairness, detailing 'Labor's plan for fairer and more productive Australian workplaces. Gillard stated in

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