Commissioner of the Australian Federal Police (on behalf of the Commonwealth) v Police Federation of Australia (Australian Federal Police Association Branch) [2022] FCA 272

Federal Court of Australia

Commissioner of the Australian Federal Police (on behalf of the Commonwealth) v Police Federation of Australia (Australian Federal Police Association Branch) [2022] FCA 272 Appeal from: Police Federation of Australia (Australian Federal Police Association Branch) & Ors v Commissioner of the Australian Federal Police (on behalf of the Commonwealth) [2020] FCCA 3391

File number: ACD 4 of 2021

Judgment of: KATZMANN J

Date of judgment: 25 March 2022

Catchwords: INDUSTRIAL LAW — interpretation of enterprise agreement — where error in framing of question for resolution, whether primary judge misdirected himself — where agreement provided for unconditional annual base salary increases in one section and in another rendered access to salary increases conditional upon satisfactory completion of performance development process, whether primary judge erred in deciding that condition of satisfactory completion of performance development process did not apply to annual base salary increases — where extrinsic material adduced, whether primary judge erred by "disallowing" that material

Legislation: Acts Interpretation Act 1901 (Cth) s 46 Fair Work Act 2009 (Cth) ss 50, 172, 323, 345, 570 Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth) r 17.05 Federal Circuit Court Rules 2001 (Cth) r 16.05

Cases cited: Australian Liquor, Hospitality and Miscellaneous Workers Union v Prestige Property Services Pty Ltd (2006) 149 FCR 209 Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union v Berri Pty Ltd [2017] FWCFB 3005; 268 IR 285 Bianco Walling Pty Ltd v Construction, Forestry, Maritime, Mining and Energy Union (2020) 275 FCR 385 City of Wanneroo v Australian Municipal, Administrative, Clerical and Services Union [2006] FCA 813; 153 IR 426 Clyne v Deputy Federal Commissioner of Taxation (1981) 150 CLR 1 McGraw-Hinds (Aust.) Pty Ltd v Smith (1979) 144 CLR 633 Qube Logistics (Rail) Pty Ltd v Australian Rail, Tram and Bus Industry Union [2021] FCAFC 83; 308 IR 39 Ridd v James Cook University [2021] HCA 32; 95 ALJR 878; 394 ALR 12; 310 IR 109 Shop Distributive and Allied Employees' Association v Woolworths Ltd (2006) 151 FCR 513 Toyota Motor Corporation Australia Ltd v Marmara (2014) 222 FCR 152 Transport Workers' Union of Australia v Linfox Australia Pty Ltd (ABN 47 004 718 647) [2014] FCA 829; 318 ALR 54 Pearce D, Statutory Interpretation in Australia (9th ed, Lexis Nexis Butterworths, 2019)