MODERN AWARDS – award modernisation – Sched. 6, Item 4 Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 – full bench –application to make modern enterprise award to replace Australian Federal Police Award 2002 (Current Enterprise Award) – Commonwealth Employment (Protective Service Officers) s.170MX Award 2001 (MX Award) not pursued as not instrument capable of modernisation – Prime Minister for the Public Service adopted – applicants submitted Proposed Award would cover all employees covered by Current Enterprise Award – coverage by number of modern awards would lead to difficulties in enterprise bargaining and unnecessary fragmentation of award safety net and failure to achieve modern awards objective – content of various industry specific modern awards did not reflect needs, terms and conditions of employees – terms and conditions which applied to employees covered by Current Enterprise Awards set out in two instruments Australian Federal Police Enterprise Agreement 2012-2016 and Australian Federal Police Executive Level Enterprise Agreement 2016-2019 – specific terms and conditions reflected in Current Enterprise Award that applied to employees – if modern enterprise award not made classifications and established pay relativities would be lost and instead obtained from modern awards with more general application – Full Bench found Australian Federal Police unique organisation – no convenient alternative award – history of Current Enterprise Award disclosed rationale for its existence which remained current today – held MX Award not an instrument capable of modernisation and Current Enterprise Award capable of modernisation – held both instruments be terminated and Proposed Award be made in terms agreed between the parties as further amended and provided by Commission on 22 July 2016. Australian Federal Police; Australian Federal Police Award 2002; Commonwealth Employment (Protective Service Officers) s.170MX Award 2001
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