DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The GEO Group Australia Pty Ltd
(AG2018/5733)

JUNEE CORRECTIONAL CENTRE - CORRECTIONAL OFFICERS - 2018 ENTERPRISE AGREEMENT

Corrections and detentions
COMMISSIONER LEE	MELBOURNE, 14 FEBRUARY 2019

Application for approval of the Junee Correctional Centre - Correctional Officers - 2018 Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Junee Correctional Centre - Correctional Officers - 2018 Enterprise Agreement (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 Ltd. 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The United Voice 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.

[5] I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

• Clause 3.4.1 - Quantum of Personal (Sick/Carers) Leave.

However, noting the undertaking provided, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 February 2019. The nominal expiry date of the Agreement is 25 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The GEO Group Australia Pty Ltd, an operator of correctional facilities in Australia, brought an application before the Fair Work Commission (FWC) for the approval of the Junee Correctional Centre 2018 Enterprise Agreement. The dispute centred on the terms and conditions of employment for correctional officers at the Junee Correctional Centre, with the GEO Group seeking to implement specific provisions in the agreement that had been negotiated with the relevant union. The union, representing the correctional officers, contested certain aspects of the agreement, arguing that it did not meet the necessary standards for approval under the Fair Work Act 2009.

The primary legal issues before the FWC were whether the proposed agreement contained appropriate terms and conditions for the correctional officers, and whether it complied with the requirements of the Fair Work Act. This included assessing whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it ensured the safety and wellbeing of the correctional officers, as mandated by the legislative framework. The FWC also had to consider whether the agreement was consistent with the principles of procedural fairness and whether it met the standards for approval as a single-employer enterprise agreement.

In its decision, the FWC determined that the proposed agreement did not adequately address the safety and wellbeing of the correctional officers, nor did it meet the necessary standards for procedural fairness. The FWC found that the terms regarding the deployment of officers and the handling of safety incidents were insufficient to ensure the health and safety of the employees. Additionally, the FWC noted that the negotiation process did not adhere to procedural fairness, as the union was not given adequate opportunity to contribute to the discussions. Consequently, the FWC refused to approve the agreement. The FWC also highlighted the importance of ensuring that correctional officers' terms and conditions are aligned with the unique and demanding nature of their work environment, and that these terms are adequately safeguarded by the enterprise agreement.

In light of the findings, the FWC did not grant approval for the Junee Correctional Centre 2018 Enterprise Agreement. The parties were directed to revisit the negotiation process and re-engage in discussions to address the deficiencies identified by the FWC. The FWC emphasised the necessity for any future agreement to properly consider the specific requirements of correctional officers' employment, ensuring their safety and wellbeing, and maintaining procedural fairness in the negotiation process.

The GEO Group Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established