The GEO Group Australia Pty Ltd

[2017] FWC 1354

[2017] FWC 1354

FAIR WORK COMMISSION

FURTHER DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The GEO Group Australia Pty Ltd
(AG2016/6410)

RAVENHALL CORRECTIONAL CENTRE ENTERPRISE AGREEMENT 2017

Corrections and detentions
COMMISSIONER LEE	MELBOURNE, 10 MARCH 2017

Correction to approved enterprise agreement - Commission to exercise its power pursuant to s.602 of the Act - correction to decision [2016] FWCA 8382 issued on 23 November 2016 in matter AG2016/6410.

[1] An application has been made by The GEO Group Australia Pty Ltd (the Applicant) for approval of a greenfields agreement known as the Ravenhall Correctional Centre Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Agreement was approved by the Fair Work Commission (the Commission) on 23 November 2016 pursuant to s.186 of the Act, with decision reference [2016] FWCA 8382.

[3] Following approval of the Agreement, on 2 February 2017, the Applicant advised the Commission that an error had been identified in clause 20.6.3, the Rates of Pay Table of the Agreement.

[4] The actual rates of pay at each point in time (i.e. on commencement, and the first, second and third anniversary dates of the Agreement) are set out in the rates of pay table at clause 20.6.3. The Applicant submits that there is an obvious error in the rates of pay table relating to the casual hourly rates only. That is, the increase in the hourly rate for the first anniversary significantly exceeds 2.5%. It is in fact an increase of over 13%. The increases in the second and third anniversaries dates are 2.5% increases; however the increased rates are based on the inflated casual rate for the first anniversary.

[5] The Applicant submits that this is an obvious error and requests the Commission exercise its power under s.602 of the Act to correct the Agreement. The Applicant provided the Commission with a proposed corrected version of the Agreement and a rates of pay table with tracked changes demonstrating the corrections sought.

[6] I note that the Agreement was made with the CPSU, the Community and Public Sector Union and the Agreement covers the organisation. Mr Wayne Townsend on behalf of the CPSU advised the Commission on 8 February 2017 that the annual salaries are correct in the Agreement, however, due to a calculation error the Agreement contains the incorrect casual rates. Mr Townsend advised that the CPSU supports the proposed amendments to the Agreement as sought by the Applicant.

[7] I am satisfied based on the correspondence received from the Applicant and the CEPU and having considered the rates of pay in the Agreement and the proposed corrected version of the Agreement that as a result of a genuine error, the casual hourly rates in the rates of pay table at clause 20.6.3 have been calculated incorrectly.

[8] Section 602 of the Act provides that the Commission may correct or amend any obvious error, defect or irregularity (whether in substance or form) in relation to a decision of the Commission, other than one contained in a modern award or national minimum wage order. A following note also indicates that if the Commission makes a decision to make an instrument it may also correct that instrument in accordance with the provisions of the section.

[9] I am satisfied based on the correspondence from the Applicant that as a result of a genuine error, the incorrect version of the Agreement was submitted for approval.

[10] I am satisfied that it is appropriate to exercise the power under s.602 of the Act to correct the casual hourly rates in the rates of pay table at clause 20.6.3 of the Agreement.

[11] In accordance with s.602 of the Act, the decision issued by the Commission on 23 November 2016, [2016] FWCA 8382 is amended so that the Agreement is replaced with the version of the Agreement attached to this decision.

[12] An order giving effect to this decision has been issued separately in PR590839.

COMMISSIONER

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