The Geo Group Australia Pty Ltd

[2023] FWCA 1979

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Geo Group Australia Pty Ltd

(AG2023/1753)

FULHAM CORRECTIONAL CENTRE ENTERPRISE AGREEMENT 2023

Corrections and detentions
COMMISSIONER MCKINNON	SYDNEY, 30 JUNE 2023

Application for approval of the Fulham Correctional Centre Enterprise Agreement 2023

The Geo Group Australia Pty Ltd has applied for approval of a single enterprise agreement known as the Fulham Correctional Centre Enterprise Agreement 2023 (the Agreement).

I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 7 July 2023. The nominal expiry date of the Agreement is 28 January 2026.

The Agreement covers CPSU, the Community and Public Sector Union (CPSU).

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

In this matter, the applicant, The Geo Group Australia Pty Ltd, sought the approval of the proposed 2023 Enterprise Agreement for employees working at the Fulham Correctional Centre. The Fair Work Commission, acting in its capacity as an industrial tribunal, was tasked with determining whether the proposed agreement met the necessary standards under the Fair Work Act 2009. The key issue before the Commission was whether the proposed agreement provided for the terms and conditions of employment for employees in a fair and reasonable manner, including whether it met the requirements of the "better off overall test" as set out in the Act.

The Commission examined various aspects of the proposed agreement, including wage rates, leave provisions, and the overall fairness of the terms. The applicant argued that the proposed agreement was fair and reasonable, and met the requirements of the Act. The Commission took into account the evidence presented by both parties and considered the broader context of the correctional services industry. In its decision, the Commission found that the proposed agreement did meet the necessary standards under the Act, and approved the agreement accordingly.

The Commission emphasised the importance of ensuring that employees in the correctional services industry were provided with fair and reasonable terms of employment. The Commission also highlighted the need for ongoing consultation and negotiation between employers and employees to ensure that the terms of employment remained fair and reasonable in the face of changing industry conditions. The approval of the proposed agreement was a significant step forward in achieving these objectives, and provided a solid foundation for ongoing industrial relations in the industry.

The final orders of the Commission were that the proposed 2023 Enterprise Agreement for employees working at the Fulham Correctional Centre be approved as a registered agreement under the Fair Work Act 2009. The applicant was directed to take all necessary steps to give effect to the approved agreement, and to provide a copy of the agreement to the Fair Work Ombudsman within the specified timeframe. The decision of the Commission was binding on both parties and provided a clear framework for the ongoing employment relationship between the applicant and its employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established