DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The GEO Group Australia Pty Ltd
(AG2017/6318)

ARTHUR GORRIE CORRECTIONAL CENTRE CORRECTIVE SERVICES OFFICERS CERTIFIED AGREEMENT 2017

Corrections and detentions
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 13 APRIL 2018

Application for approval of the Arthur Gorrie Correctional Centre Corrective Services Officers Certified Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Arthur Gorrie Correctional Centre Corrective Services Officers Certified Agreement 2017 (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 Applicant 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 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 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.

[6] The Agreement was approved on 13 April 2018 and, in accordance with s.54, will operate from 20 April 2018. The nominal expiry date of the Agreement is 20 April 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The GEO Group Australia Pty Ltd recently appeared before the Fair Work Commission in an application for the approval of the Arthur Gorrie Correctional Centre Corrective Services Officers Certified Agreement 2017. The application was brought by the employer, The GEO Group Australia Pty Ltd, which operates the Arthur Gorrie Correctional Centre in Queensland, seeking the Commission's approval of the proposed agreement that had been negotiated with the Queensland Corrective Services Union. The agreement pertains to the terms and conditions of employment for the officers working at the facility. The legal issues before the Commission centred on whether the proposed agreement was consistent with the provisions of the Fair Work Act 2009 and whether it met the necessary standards for being a "single, clear and complete" agreement that appropriately reflected the relationship between the employer and the employees.

The Commission engaged in a detailed analysis of the proposed agreement, considering whether it provided for the "single, clear and complete" expression of the terms and conditions of employment as required by the Fair Work Act. The Commission examined the provisions of the agreement to determine whether they were fair and reasonable, and whether they met the necessary criteria for approval. The Commission also considered the bargaining process and the extent to which the parties had genuinely bargained in good faith and the extent to which the agreement reflected the outcomes of that bargaining process. In delivering its decision, the Commission found that the proposed agreement was consistent with the requirements of the Act and met the necessary standards for approval.

Having considered the evidence and submissions, the Commission approved the Arthur Gorrie Correctional Centre Corrective Services Officers Certified Agreement 2017, finding that it was a "single, clear and complete" agreement that appropriately reflected the relationship between the employer and the employees. The Commission was satisfied that the agreement was fair and reasonable and met the necessary criteria for approval. In approving the agreement, the Commission noted the importance of maintaining industrial harmony and the role that certified agreements play in achieving that goal. The approval of the agreement ensures that the employees at the Arthur Gorrie Correctional Centre will have a clear and certain understanding of their terms and conditions of employment, which is essential for maintaining a productive and harmonious workplace.

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