O'Sullivan v Commissioner of Police [2019] FCA 1367

O'Sullivan v Commissioner of Police [2019] FCA 1367

Section 69B of the Australian Federal Police Act 1979 (Cth) does not exclude the operation of clause 67(1)(a) of the AFP Enterprise Agreement providing for reduction in classification and pay point as a disciplinary sanction, and the Commissioner (or delegate) had power to reduce the applicant's salary band and pay point pursuant to the enterprise agreement following adverse professional standards findings. The applicant's contrary construction of s 69B is rejected.

Jurisdiction
Australia
Judgment Date
26 August 2019
Procedural Posture
Judicial Review Application / Final Judgment
Outcome
Application dismissed with costs.
Legal Topics
['disciplinary Action for AFP Employees' 'demotion/reduction in Salary Under Enterprise Agreement' 'interaction Between AFP Act and Fair Work Act' 'interpretation of S 69 B Australian Federal Police Act']
['industrial Law' 'administrative Law'] ['disciplinary Action for AFP Employees' 'demotion/reduction in Salary Under Enterprise Agreement' 'interaction Between AFP Act and Fair Work Act' 'interpretation of S 69 B Australian Federal Police Act']

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Procedural Posture

Judicial Review Application / Final Judgment

Legal Issues

  1. 1 ['Whether s 69B of the Australian Federal Police Act 1979 (Cth) excludes the operation of the relevant disciplinary/salary reduction provision of the enterprise agreement' "Whether the Commissioner/delegate had power to reduce the applicant's salary band classification and pay point as a disciplinary sanction"]

Ratio Decidendi

Section 69B of the Australian Federal Police Act 1979 (Cth) does not exclude the operation of clause 67(1)(a) of the AFP Enterprise Agreement providing for reduction in classification and pay point as a disciplinary sanction, and the Commissioner (or delegate) had power to reduce the applicant's salary band and pay point pursuant to the enterprise agreement following adverse professional standards findings. The applicant's contrary construction of s 69B is rejected.

Court Disposition

Application dismissed with costs.

Orders

  • ['The originating application be dismissed.' "The applicant pay the first respondent's costs as agreed or assessed."]