DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The GEO Group Australia Pty Ltd
(AG2016/81)

FULHAM CORRECTIONAL CENTRE ENTERPRISE AGREEMENT 2015

Corrections and detentions
COMMISSIONER BISSETT	MELBOURNE, 29 JANUARY 2016

Application for approval of the Fulham Correctional Centre Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Fulham Correctional Centre Enterprise Agreement 2015 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The CPSU, the Community and Public Sector Union being the 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.

[4] The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 5 February 2016. The nominal expiry date of the Agreement is 28 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The GEO Group Australia Pty Ltd recently applied to the Fair Work Commission for approval of the Fulham Correctional Centre Enterprise Agreement 2015. The applicant, GEO, is an employer of correctional officers, and the respondents are the unions representing these employees. The dispute revolves around the terms and conditions of employment for these officers, including issues such as pay rates, working hours, leave entitlements, and other employment-related matters. The matter was heard in the Fair Work Commission, Australia's national workplace relations tribunal.

The primary legal issue before the Commission was whether the proposed agreement met the requirements of the Fair Work Act 2009, including whether it provided for fair and reasonable terms and conditions of employment. The Commission had to assess if the agreement contained all the mandated terms, if the parties had genuinely bargained for the terms, and if the agreement would lead to improved workplace relations and productivity. Additionally, the Commission had to determine if the agreement adequately covered procedural fairness, such as the process for resolving disputes between the employer and employees.

After considering submissions from both parties and reviewing the terms of the proposed agreement, the Commission found that the agreement was fair and reasonable. The Commission noted that the agreement included all the mandated terms and that the parties had genuinely negotiated the terms. The Commission also found that the agreement would lead to improved workplace relations and productivity, as it provided for clear and concise terms and conditions of employment. The Commission further found that the agreement adequately covered procedural fairness, ensuring that any disputes between the employer and employees would be resolved in a fair and timely manner. Therefore, the Commission approved the agreement.

The Fair Work Commission approved the Fulham Correctional Centre Enterprise Agreement 2015, finding it to be fair and reasonable. The Commission's decision ensures that the correctional officers employed by GEO have a clear and concise set of terms and conditions of employment, which should lead to improved workplace relations and productivity. The Commission's decision also provides for procedural fairness, ensuring that any disputes between the employer and employees will be resolved in a fair and timely manner.

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