The PRSB undertakes certain functions at the request of the Chief Commissioner under clause 11 (a dispute resolution clause) of the Victoria Police (Police Officers (excluding Commanders), Protective Services Officers, Police Reservists and Police Recruits Enterprise Agreement 2015 and the Victoria Police Commanders Agreement 2015.
If requested by the Chief Commissioner (or their representative) or by any person entitled to the benefit of the relevant Agreement (including police officers, protective services officers or the Police Federation of Australia), the PRSB will inquire into the dispute and provide a report and recommendations to the Chief Commissioner. The Chief Commissioner intends to apply the PRSB’s recommendations, as set out in clause 11.4: “the decision of the PRSB shall be binding on both the employee and employer”.
The kinds of disputes which may be referred to the PRSB under the clause 11 Enterprise Agreement process are:
Suitability for transfer pursuant to an expression of interest, other than for disciplinary reasons, in accordance with clause 17. If the expression of interest can be characterised as a request within the meaning of section 34 of the Act then any decision of the Chief Commissioner can be appealed under section 141(1) of the Act and the aggrieved person should use this procedure;
- A decision to transfer an employee to a position in accordance with clause 18;
- A direction to perform temporary duties, in accordance with clause 24;
- Directed placement of a surplus employee, in accordance with clause 23;
- A decision to deny progression on the basis of performance, in accordance with clause 65.16;
- A decision in relation to salary on re-appointment, in accordance with clause 21;
For commanders: pursuant to clause 11 of the Victoria Police Commanders Agreement 2015, the PRSB may inquire into a report on a dispute relating to a directed placement of a surplus commander, in accordance with clause 15.
Where any dispute involves a decision to “make a directed transfer of a police officer” under section 35, or “otherwise compulsorily transfer” a police officer, the aggrieved person may also (or in the alternative) seek a review of that decision by the PRSB under Part 8 of the Act (s.146(1)(h) or (i)).
Where any dispute involves a decision to “make a directed transfer of a protective services officer” under s.44, or “otherwise compulsorily transfer” a protective services officer, the aggrieved person may also (or in the alternative) seek a review of that decision by the PRSB under Part 8 of the Act (s.146(2)(f) or (g)).
Procedure for clause 11 Enterprise Agreement disputes
Parties may be represented by any person other than a legal practitioner.
How to notify an enterprise agreement dispute
Any dispute under clause 11 must be notified to the PRSB in writing, by:
Hand delivery or post to:
Police Registration and Services Board
Level 6, 155 Queen St
MELBOURNE VIC 3000
Or by email to PRSB-REVIEWDIVISION-MGR@police.vic.gov.au
The letter notifying the dispute should use numbered paragraphs and provide the following information:
- The events or decision giving rise to the dispute;
- The reasons why the events or decision are objected to;
- Which provision(s) of Clause 11 of the Enterprise Agreement are said to apply, and which other provisions of the Agreement are relevant;
- The resolution or outcome sought (if known);
- Relevant contact details (email and telephone) for you or your representative;
- Indication of any preference for the process and timelines to be followed by the PRSB (for example, whether an initial conference is required or whether written submissions should be lodged.) If it is argued that the matter should be listed urgently, reasons should be given.
If it is argued that the matter should be listed urgently, reasons should be given. This may include issues which arise in relation to clause 11.2 or 11.3 of the Enterprise Agreement (while the dispute is being resolved, parties will respect the status quo etc.).
Attach key documents relating to the dispute (using numbered attachments).
How will the PRSB deal with an enterprise agreement dispute?
The PRSB will acknowledge receipt of the dispute notification, and then notify the Chief Commissioner (or relevant representative) as soon as practicable after receiving the notification.
The President or the Deputy President of the PRSB Review Division may deal with the dispute, or may allocate another member of the Review Division to deal with the dispute.
The PRSB at its discretion will determine the means by which it will inquire into a report on any such dispute matter.
The PRSB will deal with each such dispute matter with as little formality and technicality and as much speed as proper consideration of the subject matter permits.
The PRSB Member dealing with the dispute will issue written directions to the parties relating to the conduct of its inquiry, including any direction for the filing of outlines of submissions or documents. The parties are required to comply with any such direction.
The PRSB will apply the rules of natural justice (procedural fairness) in inquiring into and reporting on the dispute. The PRSB will provide the parties with an opportunity to put forward relevant arguments and information and respond to what is put against them, but may determine at its discretion whether that opportunity is provided in writing or in person.
The PRSB Member’s report will set out a recommendation to the Chief Commissioner relating to the dispute, which may include advice that the parties have agreed upon a resolution of the matter, a recommendation of no further action, or the taking of specified actions to resolve the dispute.
Recommendations will be made by the PRSB Member after considering the merits, equity and good conscience of the dispute matter and after having regard to the terms of the relevant enterprise agreement.
The PRSB will provide both parties with its written report (including the recommendation). The report will not be published on the PRSB website.