Proposed EA 2024-2027 Fact Sheet

The AFPA encourages you to read all the relevant information provided by the AFP and the AFPA on this important matter, prior to voting post 8th November.

What happens if there is a majority YES vote to the proposed EA 2024-2027?

Voting YES to the proposed EA will result in the new EA 2024-2027 coming into effect. If accepted, the new EA provides salary increases of 4.5% in the first year, 4% in the second year, and 2.7% in the final year. The first pay rise will be paid in the first fortnightly pay after the new EA comes into operation.

Some of the other improved benefits in the proposed EA includes:

• An increase to the Use of Force Allowance – $3000 in the first year, $3500 in the second year, and $4000 in the third year
• Introduction of a Serious Illness Registry (a leave bank) for members in need of additional leave
• Retention of the Night Shift Allowance – Indexed to pay rises with the new Unsociable Hours Allowance to be paid for the remainder of the weekend – Indexed to pay rises ($4.82/$5.01/$5.14)
• Improved Safety Nets
• Improved PSO Broadbands for 2-5/6-7
• Improved Police Broadband for 4-5
• Improved Flex/Credit carryover provisions
• Improved MRD/Excess Leave/Personal and Carers Leave provisions
• The introduction of a Workplace Responsibility Allowance
• Improved Common Conditions – Parental Leave, Consultation, etc.

What happens if there is a majority NO vote in the proposed EA 2024-2027?

Voting NO to the proposed EA means the status quo stays in place until a new agreement is negotiated and agreed – OR, the AFPA, the Commissioner, or other Bargaining Representatives apply for an intractable bargaining declaration. This is the first step in getting to arbitration and requires the Fair Work Commission (FWC) to be satisfied that there is “no reasonable prospect of agreement being reached”
Bargaining parties will have the opportunity to oppose the declaration, where opposition occurs, the estimated time to resolution by the FWC is several weeks and would involve filing of evidence as well as a hearing.

A summary of the intractable bargaining includes:

• An Intractable Bargaining Declaration is declared under section 234 of the Fair Work Act (FW Act). This ensures the terms in any workplace determination are not less favorable than those in the (current) 2017 EA.
• When a declaration is made, all industrial action (PIA) must cease.
• The bargaining parties enter a post-declaration negotiating period – likely to be between 14-21 days, where the parties continue trying to reach an agreement. Given the AFP and the Federal Government have stated there is no capacity for a further increase to the funding envelope, we anticipate escalation to the next steps.
• After this, the FWC then programmes the matter for hearing before the Full Bench of the FWC to make a workplace determination. The best time estimate for this is 6 months to finalise.
• While the AFP Commissioner is bound by Commonwealth Wages Policy, the FWC is not strictly limited by it but MUST consider it.
• Decision-making powers are relinquished to the FWC and the outcome cannot be guaranteed or controlled.
• Factors taken into consideration by the FWC Full Bench when making a determination include:
  • The available government funding, company profits, and or financial status
  • The interaction of the AFP Act with the FW Act
  • The merits of the case
  • The interests of the employer and the employees,
  • Any policies the AFP is bound to,
  • The public interest (including general trends in wages – i.e. CPI and WPI),
  • and, the conduct of bargaining representatives in the bargaining.
• Bargaining parties would need to prepare their cases and call evidence to support their claims likely including witness testimonies and economic evidence.
• Retrospectivity of pay increases could be granted, as FWC has flexibility in this regard.

*The calcuations of the salary are based on the summary of EA provided by AFP, the actual salary you get may differ based on rounding off to nearest integer, allowances you are qualified for.