DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The GEO Group Australia Pty Ltd
(AG2018/1004)

ARTHUR GORRIE CORRECTIONAL CENTRE, NON-CUSTODIAL (ADMINISTRATION AND PROFESSIONALS) ENTERPRISE AGREEMENT 2018

Corrections and detentions
DEPUTY PRESIDENT COLMAN	MELBOURNE, 9 AUGUST 2018

Application for approval of the Arthur Gorrie Correctional Centre, Non-Custodial (Administration and Professionals) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Arthur Gorrie Correctional Centre, Non-Custodial (Administration and Professionals) Enterprise Agreement 2018 (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, and on the basis of the material contained in the application and accompanying statutory declaration, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 9 August 2018 and, in accordance with s.54, will operate from 16 August 2018. The nominal expiry date of the Agreement is 31 December 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The GEO Group Australia Pty Ltd was involved in an application before the Fair Work Commission to approve the Arthur Gorrie Correctional Centre Non-Custodial (Administration and Professionals) Enterprise Agreement 2018. The agreement was proposed between the employer and the employees working in non-custodial roles at the Arthur Gorrie Correctional Centre, an adult male prison in Queensland operated by the GEO Group Australia Pty Ltd. The primary issue before the commission was whether the proposed agreement met the requirements of the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009 for approval and registration.

The legal issues included whether the agreement provided for the proper classification of employees, covered all employees in the relevant bargaining unit, and included necessary provisions for minimum wages and conditions. Additionally, the commission had to ensure that the agreement was made in good faith and did not undermine the provisions of the Fair Work Act, including provisions for workplace disputes and the protection of employees’ rights. The application also required scrutiny of whether the agreement facilitated a fair and efficient workplace by providing for appropriate dispute resolution mechanisms and maintaining industrial peace.

In its decision, the Fair Work Commission examined the proposed agreement's provisions and found that it complied with the necessary legal requirements. The commission considered the classification of employees, the coverage of the agreement, and the provisions for minimum wages and conditions, all of which were deemed adequate. The agreement was found to be made in good faith and did not undermine the provisions of the Fair Work Act. The commission also noted that the agreement included appropriate mechanisms for dispute resolution, which would facilitate an efficient and peaceful workplace. Based on these findings, the commission approved the agreement and registered it as a valid enterprise agreement under the Fair Work Act.

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