The Australian Federal Police Association (AFPA) welcomes the Fair Work Commission’s decision regarding the establishment of the AFP Consultative Committee under the Australian Federal Police Enterprise Agreement 2024-2027 (AFP EA).
The decision, delivered by Commissioner Rogers on 23 June 2026, found that the AFP Consultative Committee had not been established in accordance with the AFP EA.
The Commission found that express agreement was required before the committee could be properly established, including agreement on the committee’s structure, Terms of Reference and representation.
AFPA President Alex Caruana said the decision provided important clarity for the AFPA, its members, the CPSU and the AFP.
“This decision confirms the importance of genuine consultation and proper process under the AFP Enterprise Agreement.
“The AFP Consultative Committee is intended to be a meaningful forum for workplace matters affecting AFP appointees. To operate effectively, it must be established in a manner that reflects the agreement and is supported by the parties involved.
“The AFPA has always supported proper consultation. Our position is simply that consultation works best when all parties are involved from the beginning and have a shared understanding of the committee’s role, structure and Terms of Reference,” Mr Caruana said.
The Fair Work Commission found that agreement could not be inferred through an absence of disagreement, and that the word “agreed” required express positive agreement.
The Commission also found that agreement must be reached before the committee is established, and that the committee had not been established in accordance with clauses 98(23) and 98(24) of the AFP EA.
The AFPA is now considering the decision and any further steps that may be required.
Mr Caruana said the focus should now be on practical engagement between the parties.
“The decision provides an opportunity to reset the process and ensure the AFP Consultative Committee is established properly.
“Given the Commission’s findings, the AFPA believes it would be appropriate for previous committee recommendations or outcomes to be reviewed before they are progressed further.
“To assist that process, the AFP should provide the AFPA and the CPSU with a decision register and previous committee minutes as soon as possible. This will allow the parties to clearly identify what matters were considered, what recommendations were made, and whether any issues need to be reassessed by a properly established committee,” Mr Caruana said.
The AFPA was ready to work constructively with the AFP and the CPSU to agree on appropriate Terms of Reference and a workable representation model.
Mr Caruana said this is not about slowing consultation down, and it is about ensuring consultation is effective, lawful, and properly reflects the AFP EA.
“Our members deserve a consultative committee that operates properly and gives them a genuine voice on workplace issues that affect them.
“The AFPA will seek urgent engagement with the AFP to agree on the committee’s structure, Terms of Reference and representation model, so the committee can operate as intended,” Mr Caruana said.
The Fair Work Commission decision is available at: https://www.fwc.gov.au/document-view/decisions/police-federation-of-australia-200v-v-the-commonwealth-of-australia-as?from=search
Media Contact AFPA Media and Government Relations Manager Troy Roberts, (02) 6285 1677, troy.r@afpa.org.au
The Australian Federal Police Association (AFPA) welcomes the Fair Work Commission’s decision regarding the establishment of the AFP Consultative Committee under the Australian Federal Police Enterprise Agreement 2024-2027 (AFP EA).
The decision, delivered by Commissioner Rogers on 23 June 2026, found that the AFP Consultative Committee had not been established in accordance with the AFP EA.
The Commission found that express agreement was required before the committee could be properly established, including agreement on the committee’s structure, Terms of Reference and representation.
AFPA President Alex Caruana said the decision provided important clarity for the AFPA, its members, the CPSU and the AFP.
“This decision confirms the importance of genuine consultation and proper process under the AFP Enterprise Agreement.
“The AFP Consultative Committee is intended to be a meaningful forum for workplace matters affecting AFP appointees. To operate effectively, it must be established in a manner that reflects the agreement and is supported by the parties involved.
“The AFPA has always supported proper consultation. Our position is simply that consultation works best when all parties are involved from the beginning and have a shared understanding of the committee’s role, structure and Terms of Reference,” Mr Caruana said.
The Fair Work Commission found that agreement could not be inferred through an absence of disagreement, and that the word “agreed” required express positive agreement.
The Commission also found that agreement must be reached before the committee is established, and that the committee had not been established in accordance with clauses 98(23) and 98(24) of the AFP EA.
The AFPA is now considering the decision and any further steps that may be required.
Mr Caruana said the focus should now be on practical engagement between the parties.
“The decision provides an opportunity to reset the process and ensure the AFP Consultative Committee is established properly.
“Given the Commission’s findings, the AFPA believes it would be appropriate for previous committee recommendations or outcomes to be reviewed before they are progressed further.
“To assist that process, the AFP should provide the AFPA and the CPSU with a decision register and previous committee minutes as soon as possible. This will allow the parties to clearly identify what matters were considered, what recommendations were made, and whether any issues need to be reassessed by a properly established committee,” Mr Caruana said.
The AFPA was ready to work constructively with the AFP and the CPSU to agree on appropriate Terms of Reference and a workable representation model.
Mr Caruana said this is not about slowing consultation down, and it is about ensuring consultation is effective, lawful, and properly reflects the AFP EA.
“Our members deserve a consultative committee that operates properly and gives them a genuine voice on workplace issues that affect them.
“The AFPA will seek urgent engagement with the AFP to agree on the committee’s structure, Terms of Reference and representation model, so the committee can operate as intended,” Mr Caruana said.
The Fair Work Commission decision is available at: https://www.fwc.gov.au/document-view/decisions/police-federation-of-australia-200v-v-the-commonwealth-of-australia-as?from=search
Media Contact AFPA Media and Government Relations Manager Troy Roberts, (02) 6285 1677, troy.r@afpa.org.au
