The GEO Group Australia Pty Ltd

[2024] FWCA 4409

[2024] FWCA 4409

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

The GEO Group Australia Pty Ltd

(AG2024/4329)

FULHAM CORRECTIONAL CENTRE NURSES ENTERPRISE AGREEMENT 2024

Corrections and detentions
COMMISSIONER MIRABELLA	MELBOURNE, 11 DECEMBER 2024

Application for approval of the Fulham Correctional Centre Nurses Enterprise Agreement 2024

1. The GEO Group Australia Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Fulham Correctional Centre Nurses Enterprise Agreement 2024 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (Cth) (the FW Act). The Agreement is a single enterprise agreement.

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the FW Act, that commenced operation on 6 June 2023. The notification time for the Agreement was 18 October 2022 and the Agreement was made on 18 October 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

1. 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. The undertakings are taken to be a term of the Agreement.

1. Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190, as are relevant to this application for approval, has been met.

1. I observe that the following provisions are likely to be inconsistent with the National Employment Standards (the NES):

·   Clause 11.3: Redundancy – Notice Period

·   Clause 11.5: Redundancy – Recognition of Service

·   Clause 17.3: Withholding Monies at Termination

·   Clause 26.6: Personal/Carer’s Leave – Notice

1. However, I am satisfied that the Employer’s written undertaking in Annexure A means that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Australian Nursing and Midwifery Federation being a bargaining representative for the Agreement, has given notice under s 183 of the FW Act that it wants the Agreement to cover it. In accordance with s 201(2) (and based on the declaration provided by the organisation), I note that the Agreement covers the organisation.

1. The Agreement was approved on 11 December 2024 and, in accordance with s.54, will operate from 18 December 2024. The nominal expiry date of the Agreement is 3 September 2027.

COMMISSIONER

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Annexure A