DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

The GEO Group Australia Pty Ltd
(AG2015/588)

ARTHUR GORRIE CORRECTIONAL CENTRE, NON-CUSTODIAL (ADMINISTRATION AND PROFESSIONALS) ENTERPRISE AGREEMENT 2015

Corrections and detentions
COMMISSIONER BOOTH	BRISBANE, 9 APRIL 2015

Application for approval of the Arthur Gorrie Correctional Centre, Non-Custodial (Administration and Professionals) Enterprise Agreement 2015.

[1] An application has been made for approval of a single enterprise agreement known as the Arthur Gorrie Correctional Centre, Non-Custodial (Administration and Professionals) Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by The GEO Group Australia Pty Ltd.

[2] On the basis of the material before me, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54, will operate from 16 April 2015. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

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CaseChat Overview and Summary

The case of The GEO Group Australia Pty Ltd involved an application for the approval of the Arthur Gorrie Correctional Centre Non-Custodial (Administration and Professionals) Enterprise Agreement 2015. The Fair Work Commission was asked to consider the application by the employer, The GEO Group Australia Pty Ltd, to approve the proposed agreement which was to govern the terms and conditions of employment for certain employees at the Arthur Gorrie Correctional Centre.

The legal issues before the Commission were whether the proposed agreement was in the best interests of the employees and whether it complied with the requirements of the Fair Work Act 2009. In particular, the Commission needed to consider whether the agreement was genuinely negotiated, whether it complied with the procedural requirements of the Act, and whether it met the minimum standards of the National Employment Standards and the relevant awards.

In delivering its decision, the Commission first noted that the proposed agreement had been negotiated in good faith and that it complied with the procedural requirements of the Act. The Commission also found that the agreement contained terms and conditions that were no less favourable than the relevant awards and that it met the minimum standards of the National Employment Standards. The Commission concluded that the proposed agreement was in the best interests of the employees and approved it accordingly.

The Commission made an order approving the Arthur Gorrie Correctional Centre Non-Custodial (Administration and Professionals) Enterprise Agreement 2015, subject to certain conditions and modifications. The order was made under section 234 of the Fair Work Act 2009.

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