Reynolds v Commissioner of Australian Federal Police [2020] FCAFC 82

Reynolds v Commissioner of Australian Federal Police [2020] FCAFC 82

Section 69B of the Australian Federal Police Act 1979 (Cth) does not render cl 67(1)(a) of the AFP Enterprise Agreement inoperative. The reference to the Fair Work Act 2009 (Cth) in s 69B does not include enterprise agreements, and s 69B is directed to excluding recourse to particular Fair Work Act remedies or adjudication in respect of AFP disciplinary matters, not to limiting the Commissioner's powers. Part V envisages that action may be taken by reference to powers sourced elsewhere, including the AFP Enterprise Agreement. Therefore cl 67(1)(a) conferred power to reduce the applicant's salary band and pay point.

Jurisdiction
Australia
Judgment Date
15 May 2020
Procedural Posture
Industrial Law Application for Relief Under S 39 B of the Judiciary Act, Heard by Special Case / Questions of Law Referred to the Full Court Pursuant to S 20(1 A) of the Federal Court of Australia Act 1976 (cth)
Outcome
Application dismissed with costs. Question 1 answered Yes; Questions 2 and 3 not necessary to answer.
Legal Topics
['australian Federal Police Discipline' 'afp Enterprise Agreement' 'reduction in Salary Band and Pay Point' 'limited Operation of the Fair Work Act 2009 (cth)' 'statutory Construction']
['industrial Law' 'administrative and Constitutional Law'] ['australian Federal Police Discipline' 'afp Enterprise Agreement' 'reduction in Salary Band and Pay Point' 'limited Operation of the Fair Work Act 2009 (cth)' 'statutory Construction']

Case Brief

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Procedural Posture

Industrial Law Application for Relief Under S 39 B of the Judiciary Act, Heard by Special Case / Questions of Law Referred to the Full Court Pursuant to S 20(1 A) of the Federal Court of Australia Act 1976 (cth)

Legal Issues

  1. 1 ["Whether, in view of s 69B(1)(b) of the Australian Federal Police Act 1979 (Cth), cl 67(1)(a) of the AFP Enterprise Agreement conferred power on the Commissioner to reduce the applicant's salary band and pay point." "If cl 67(1)(a) did not confer power, whether the Commissioner had power pursuant to s 27 of the Australian Federal Police Act 1979 (Cth) to reduce the applicant's salary band and/or pay point." 'If neither cl 67(1)(a) nor s 27 conferred power, whether there had been unwarrantable delay by the applicant in commencing her originating application and whether relief should be declined.']

Ratio Decidendi

Section 69B of the Australian Federal Police Act 1979 (Cth) does not render cl 67(1)(a) of the AFP Enterprise Agreement inoperative. The reference to the Fair Work Act 2009 (Cth) in s 69B does not include enterprise agreements, and s 69B is directed to excluding recourse to particular Fair Work Act remedies or adjudication in respect of AFP disciplinary matters, not to limiting the Commissioner's powers. Part V envisages that action may be taken by reference to powers sourced elsewhere, including the AFP Enterprise Agreement. Therefore cl 67(1)(a) conferred power to reduce the applicant's salary band and pay point.

Court Disposition

Application dismissed with costs. Question 1 answered Yes; Questions 2 and 3 not necessary to answer.

Orders

  • ['The questions set out in the special case dated 4 February 2020 to be heard by the Full Court pursuant to a direction under s 20(1A) of the Federal Court of Australia Act 1976 (Cth) be answered as follows: Question 1: Yes; Question 2: Not necessary to answer; Question 3: Not necessary to answer.' 'The application...