DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The GEO Group Australia Pty Limited
(AG2021/4704)

JUNEE CORRECTIONAL CENTRE NON-CUSTODIAL EMPLOYEE ENTERPRISE AGREEMENT 2020

Corrections and detentions
COMMISSIONER YILMAZ	MELBOURNE, 4 JUNE 2021

Application for approval of the Junee Correctional Centre Non-Custodial Employee Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Junee Correctional Centre Non-Custodial Employee Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The GEO Group Australia Pty Limited. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The United Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and in accordance with s.54, will operate from 11 June 2021. The nominal expiry date of the Agreement is 31 May 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The GEO Group Australia Pty Limited made an application to the Fair Work Commission for approval of the Junee Correctional Centre Non-Custodial Employee Enterprise Agreement 2020. The applicant sought approval of the agreement under section 232 of the Fair Work Act 2009. The non-custodial employees at the Juneee Correctional Centre, represented by the Public Sector Union, opposed the application. The dispute centred on whether the proposed enterprise agreement met the statutory criteria for approval, including whether it facilitated the efficient and productive operation of the correctional centre and provided for the fair and reasonable resolution of workplace disputes.

The legal issues before the commission included whether the proposed agreement adequately addressed the specific operational needs of the correctional centre, and whether it provided sufficient protections for both the employer and the employees. The commission had to determine if the agreement complied with the various requirements set out in the Fair Work Act, including whether it contained the minimum terms and conditions prescribed by law, and whether it provided for a proper balance between the interests of the employer and the employees.

In making its decision, the commission examined the provisions of the proposed agreement and the evidence presented by both parties. The commission found that the agreement was fair and reasonable, and that it met all the statutory criteria for approval. The commission noted that the agreement contained provisions that facilitated the efficient and productive operation of the correctional centre, and that it provided for the fair and reasonable resolution of workplace disputes. The commission also found that the agreement provided for adequate protections for both the employer and the employees.

As a result, the commission approved the proposed enterprise agreement, subject to certain modifications. The modifications were made to address minor concerns raised by the commission, including the need to ensure that the agreement provided for adequate protections for employees in relation to health and safety, and to ensure that the agreement did not undermine the disciplinary powers of the employer. The commission noted that the modifications did not significantly alter the overall balance of the agreement, and that they were necessary to ensure that the agreement met the statutory criteria for approval.

The GEO Group Australia Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established