ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – s.739 Fair Work Act 2009 – application to deal with a dispute pursuant to the Victoria Police (Police Officers (Excluding Commanders), Protective Services Officers, Police Reservists and Police Recruits) Enterprise Agreement 2015 – dispute relating to the rostering arrangements for police officers employed within the Water Police Squad (WPS) – whether the provisions of the agreement that would enable Victoria Police to change a ‘variable roster’ arrangement have been enlivened – Victoria Police wanted to terminate the variable roster because service delivery requirements were not being met, and to implement a new roster so that WPS can greatly improve its ability to meet base service delivery requirements – standard roster arrangement presently operating is eight shifts per fortnight of 10 hours duration – dispute between the parties concerns whether the current roster arrangements can be changed to a standardised arrangement of 10 shifts per fortnight of eight hours duration – clause 34.8 (c) of agreement says ‘A variable roster may be terminated … [when] … service delivery requirements are not being met as a result of the variable shift roster’ – Golden Cockerel considered – Commission held that the provisions of the agreement that would enable Victoria Police to change a ‘variable roster’ arrangement have been enlivened. The Police Federation of Australia (Victoria Police Branch) v Victoria Police/Chief Commissioner of Police
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