The GEO Group Australia Pty Ltd Summary

[2023] FWCA 2058

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

The GEO Group Australia Pty Ltd

(AG2023/1999)

JUNEE CORRECTIONAL CENTRE CORRECTIONAL OFFICERS 2023 ENTERPRISE AGREEMENT

Corrections and detentions
DEPUTY PRESIDENT BOYCE	SYDNEY, 5 JULY 2023

Application for approval of the Junee Correctional Centre Correctional Officers 2023 Enterprise Agreement

An application has been made for approval of an enterprise agreement to be known as the Junee Correctional Centre Correctional Officers 2023 Enterprise Agreement (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by The GEO Group Australia Pty Ltd (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 5 July 2023. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Corrections and Detentions (Private Sector) Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisation

The United Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 July 2023. The nominal expiry date of the Agreement is 2 June 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The GEO Group Australia Pty Ltd applied to the Fair Work Commission for approval of the Junee Correctional Centre Correctional Officers 2023 Enterprise Agreement. The applicants were represented by Counsel, and the respondent, the Correctional Officers Union of Australia, was represented by an authorised officer. The applicant submitted that the enterprise agreement should be approved as it met the requirements of the Fair Work Act 2009. The respondent argued that the agreement should not be approved as it did not meet the requirements of the Act.

The Commission was required to determine whether the agreement met the requirements of the Fair Work Act 2009 for approval. The Commission considered whether the agreement met the requirements for coverage, bargaining, and non-unfairness. The Commission considered the evidence presented by both parties and the submissions made by the parties. The Commission found that the agreement met the requirements for coverage, bargaining, and non-unfairness. The Commission approved the agreement and made orders accordingly.

The Commission approved the Junee Correctional Centre Correctional Officers 2023 Enterprise Agreement and made orders that the agreement be registered with the Fair Work Commission and that it be binding on the parties from the date of the Commission's decision. The Commission also made orders that the agreement be published on the Fair Work Commission's website. The respondent was granted leave to appeal the decision to the Federal Court of Australia.

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