ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – s.739 Fair Work Act 2009 – application by Police Federation of Australia (Victoria Police Branch) (PFAV) to deal with dispute in accordance with dispute settlement procedure in Victoria Police Force Enterprise Agreement 2011 (2011 Agreement) – dispute related to terms and conditions and special arrangements applicable to employees of Victoria Police Force deployed to work at the G20 Leaders Summit held in Brisbane in 2014 – prior to G20, PFAV reached agreement with Victoria Police that, on day employees were to return to Victoria after G20, they would be paid in accordance with 2011 Agreement for time spent travelling as if on duty – this included payment from time of leaving hotel and boarding transport to travel to Brisbane airport, until ceasing duty in Melbourne with minimum payment of eight hours – where travel was not until late in the day, efforts were made with hotels to arrange late checkout for employees – this application related to employees staying in accommodation where late checkout was not available and where they were not required to be ready for transport to the airport until 4.00pm – PFAV submitted that these employees were at work from the time they were required to checkout of their accommodation at 10.00am, even though they were not collected for transport to the airport until 4.00pm, and hence should be paid from this time – if they were entitled to be paid from 10.00am then some of the time spent travelling would be in excess of eight hours and therefore attracted appropriate overtime rates – Victoria Police submitted that employees were not at work from the time they checked out of accommodation and were not entitled to any payment from 10.00am – treatment of six hour period between 10.00am and 4.00pm in contention – PFAV submitted that time spent ‘in transit’ to and from G20 or ‘waiting’ to commence travel should be recognised as time worked – transit time commenced at checkout time of 10.00am – Victoria Police determined that working hours on departure day from G20 deployment would commence from time employees required to board bus for transport to airport – submitted that ‘work’ did not include time where no specific work was performed – further, ‘work’ included travelling where employee was deployed to special event interstate, but at the time in question, employees were only waiting to commence travelling – Golden Cockerel considered by Commission – Clause 37.4 of 2011 Agreement defined ‘work’ and if accepted, Commission not convinced that activity being undertaken by employees between 10.00am and 4.00pm fit said definition – ‘work’ did not include ‘part of any period spent away from employee’s station during which no specific work is performed’ – between 10.00am and 4.00pm employees concerned were not performing any specific work and were not directed to work, nor were they required to hold themselves in any particular state of readiness to return to work at short notice – Commission therefore satisfied employees were not at work – held that whilst travel was considered to be ‘work’, Ponczek did not stand for proposition that all time spent waiting to commence travel was time spent travelling – not satisfied that employees were engaged in travel during period in question – Commission held employees did not have entitlement to remuneration for period between 10.00am and 4.00pm – application by PFAV dismissed. The Police Federation of Australia (Victoria Police Branch) v Victoria Police/Chief Commissioner of Police
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