Fair Work Bargaining for Police : A Proposal for Reform

This article proposes an alternative model for the regulation of police collective bargaining disputes under the Fair Work Act 2009 (Cth). Its central recommendation is that a North American-style mandatory interest arbitration model should be applied to police officers and other emergency services employees operating under the Fair Work Act 2009 or analogous market-based bargaining regimes. Specifically, a mediation-arbitration model of interest arbitration – combined with “active” mediation and a tripartite arbitration panel design – is proposed, together with a number of related measures aimed at encouraging bargaining, such as, negotiation timelines. It is argued that as well as providing a guaranteed closure mechanism for police collective bargaining disputes, the proposed model would give neutrals a better understanding of the underlying needs of the parties in a law-enforcement context; and simultaneously encourage negotiated or at least mediated outcomes for police officers