DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The GEO Group Australia Pty Ltd
(AG2015/5949)

PARKLEA CORRECTIONAL CENTRE - CORRECTIONAL OFFICERS ENTERPRISE AGREEMENT 2015

Corrections and detentions
COMMISSIONER MCKENNA	SYDNEY, 18 NOVEMBER 2015

Application for approval of the Parklea Correctional Centre - Correctional Officers Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Parklea Correctional Centre – Correctional Officers Enterprise Agreement 2015 (“the Agreement”). The application has been made by The GEO Group Australia Pty Ltd (“the applicant”) pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval has been met. The applicant has provided written undertakings addressing miscellaneous matters following discussions in proceedings. The views of the employee bargaining representatives were sought in relation to the undertakings. A copy of the undertakings is attached to this decision and marked “Annexure A”. I note that, under s.191 of the Act, the undertakings are taken to be terms of the Agreement. Further, I also note, as the Agreement does not contain a complying consultation term, the model consultation term is taken to be a term of the Agreement and will operate in conjunction with the consultation provisions in the Agreement where, for example, the negotiated consultation arrangements provide greater levels of consultation then might otherwise apply under the model term.

[3] The CPSU, the Community and Public Sector Union and United Voice, NSW Branch have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is 30 September 2018.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The GEO Group Australia Pty Ltd applied to the Fair Work Commission for approval of the Parklea Correctional Centre Correctional Officers Enterprise Agreement 2015. The applicant sought to amend the existing enterprise agreement to incorporate new terms and conditions of employment for correctional officers. The decision was made by Commissioner McCabe, who considered whether the proposed agreement met the requirements under the Fair Work Act 2009.

The primary legal issues revolved around whether the proposed changes to the enterprise agreement were in compliance with the statutory criteria, including whether the agreement provided for fair and reasonable terms and conditions, and whether it included appropriate processes for the resolution of workplace disputes. The Commission also had to consider whether the agreement met the "better off overall test," ensuring that employees were no worse off financially and had access to improved conditions and benefits.

Commissioner McCabe determined that the proposed agreement met the necessary statutory requirements. The changes introduced by the agreement were deemed to provide fair and reasonable terms and conditions for correctional officers, with appropriate dispute resolution processes. Furthermore, the agreement passed the "better off overall test," as it provided employees with enhanced conditions and benefits without diminishing their overall financial position. Consequently, the Commission approved the Parklea Correctional Centre Correctional Officers Enterprise Agreement 2015.

The final order was that the Parklea Correctional Centre Correctional Officers Enterprise Agreement 2015 be approved, effective from the date of the decision, ensuring that the new terms and conditions of employment for correctional officers would be implemented as per the agreement.

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