ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – ss.604, 739 Fair Work Act 2009 – permission to appeal – Full Bench – dispute arising under Victoria Police (Police Officers (Excluding Commanders), Protective Services Officers, Police Reservists and Police Recruits) Enterprise Agreement 2015 (Agreement) – dispute concerned proposed termination of variable roster agreement for police officers employed in Water Police Squad – determination of dispute in first instance turned on proper construction of the Agreement – respondent in first instance sought to terminate variable rostered agreement pursuant to clause 34.8(b) which allowed it to be terminated where service delivery requirements were not being met as result of variable shift roster – Golden Cockerel considered – appellant submitted Commission erred by misconstruing expression ‘service delivery requirements’ in clause 34.8(b) of Agreement – Full Bench found Commission’s reasoning process did not disclose error and interpretation adopted was correct – found in context of Water Police Squad, evidence supported finding that regulatory and operational demands have changed over past decade – found it was open to Commission to make finding required by clause 34.8(b) that service delivery requirements were not being met as a result of variable shift roster – not persuaded it was in the public interest to grant permission to appeal – held appellant did not establish arguable case of error or that there were other considerations that warranted granting of permission to appeal – held Commission’s interpretation of clause 34.8(b) of Agreement was correct and findings of fact made were reasonably open – permission to appeal refused. Appeal by The Police Federation of Australia (Victoria Police Branch) against decision of Wilson C of 19 January 2017 [[2017] FWC 340] Re: Victoria Police/Chief Commissioner of Police
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