The GEO Group Australia Pty Ltd Summary

[2014] FWCA 2579

The attached document replaces the document previously issued with the above code on 22 April 2014.

To correct the paragraph numbering in the Decision.

Angela Delo

Associate to Commissioner Booth

Dated 23 April 2014

[2014] FWCA 2579

FAIR WORK COMMISSION

DECISION

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

The GEO Group Australia Pty Ltd
(AG2014/690)

ARTHUR GORRIE CORRECTIONAL CENTRE - CORRECTIONAL OFFICERS - CERTIFIED AGREEMENT 2014

Corrections and detentions
COMMISSIONER BOOTH	BRISBANE, 22 APRIL 2014

Application for approval of the Arthur Gorrie Correctional Centre - Correctional Officers - Certified Agreement 2014.

[1] An application has been made for approval of a single enterprise agreement known as the Arthur Gorrie Correctional Centre - Correctional Officers - Certified Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by United Voice.

[2] On 4 April 2014, the United Voice (UV) lodged with the Fair Work Commission a declaration which stated that the UV did not support approval of the Agreement. Conferences were convened in the Fair Work Commission on 9 and 16 April 2014 and the issue was resolved.

[3] 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.

[4] The consultation term in clause 6.3.1 in the Agreement does not comply with s.205 of the Act. Therefore 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 and is attached to the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54, will operate from 29 April 2014. The nominal expiry date of the Agreement is 28 April 2017.

COMMISSIONER

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 Arthur Gorrie Correctional Centre Correctional Officers - Certified Agreement 2014. The application arose from negotiations between the employer and the union representing the correctional officers. The primary dispute concerned the terms and conditions of employment, particularly those relating to wages, hours of work, and other employment conditions. The Fair Work Commission was tasked with determining whether the agreement met the legal standards for approval under the Fair Work Act 2009.

The court had to decide whether the agreement was genuinely bargained and met the criteria for approval as a safety net agreement. Key issues included whether the agreement provided a safety net for employees that was no less favourable than the applicable minimum standards, and whether the agreement contained terms that were contrary to public policy or were otherwise invalid. The court also had to consider whether the agreement had been made in good faith and whether it provided for proper dispute resolution mechanisms.

The Fair Work Commission found that the agreement was genuinely bargained and met the criteria for approval. The commission noted that the agreement provided a safety net for employees that was no less favourable than the applicable minimum standards. It also found that the agreement did not contain terms that were contrary to public policy and provided for proper dispute resolution mechanisms. The commission approved the agreement, stating that it provided a fair and reasonable outcome for both the employer and the employees.

The Fair Work Commission approved the Arthur Gorrie Correctional Centre Correctional Officers - Certified Agreement 2014, subject to certain conditions. The court ordered that the agreement be registered and that it would come into effect on the date of the decision. The commission also noted that any future disputes arising from the agreement would be resolved in accordance with the agreement's dispute resolution provisions.

The GEO Group Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established