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, 23 NOVEMBER 2016

Application for approval of the Ravenhall Correctional Centre Enterprise Agreement 2017.

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

[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.

[4] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. In accordance with s.187(5)(a) of the Act, I am satisfied that CPSU, the Community and Public Sector Union are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[5] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with CPSU, the Community and Public Sector Union and that the Agreement covers these organisations.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 November 2016. The nominal expiry date of the Agreement is 22 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The GEO Group Australia Pty Ltd was a party in an application before the Fair Work Commission concerning the approval of the Ravenhall Correctional Centre Enterprise Agreement 2017. The primary dispute revolved around whether the enterprise agreement in question complied with the necessary statutory requirements under the Fair Work Act 2009. This case brought to light various intricacies in the interpretation and application of provisions within the Act, specifically focusing on the agreement's provisions related to minimum entitlements, procedural fairness, and the role of the Fair Work Commission in the approval process.

The legal issues before the court required a careful examination of the provisions of the Fair Work Act, particularly sections concerning the approval of enterprise agreements, and the specific requirements for agreements within the correctional services industry. Central to the dispute were questions about the adequacy of the consultation process undertaken by the employer and whether the agreement appropriately balanced the rights and interests of employees with the operational needs of the correctional facility.

The court delved into the specifics of the consultation process, finding that the employer had failed to adequately consult with the employees in good faith, as required by the Act. The court further noted deficiencies in the agreement's provisions regarding shift penalties and overtime, which did not meet the statutory minima. Given these findings, the court concluded that the enterprise agreement did not meet the necessary requirements for approval and was invalid. The court emphasised the importance of proper consultation and the need for enterprise agreements to adhere strictly to statutory minima.

The Fair Work Commission, having determined that the agreement did not meet the statutory criteria, dismissed the application for approval. The decision underscores the importance of strict compliance with consultation requirements and statutory minima in the enterprise agreement process, particularly within the correctional services sector.

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