The GEO Group Australia Pty Ltd

[2022] FWCA 4422

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The GEO Group Australia Pty Ltd

(AG2022/4898)

RAVENHALL CORRECTIONAL CENTRE ENTERPRISE AGREEMENT 2022

Corrections and detentions
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 14 DECEMBER 2022

Application for approval of the Ravenhall Correctional Centre Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Ravenhall Correctional Centre Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The GEO Group Australia Pty Ltd. The Agreement is a single enterprise agreement.

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.

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

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.

The Community and Public Sector Union (CPSU), 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 December 2022. The nominal expiry date of the Agreement is 14 November 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent case, The GEO Group Australia Pty Ltd, the Fair Work Commission was called upon to approve an Enterprise Agreement between the employer, The GEO Group Australia Pty Ltd, and the employees represented by the Australian Services Union. The dispute centred around the terms and conditions of employment for workers at the Ravenhall Correctional Centre, including wages, hours, and other workplace entitlements. The Union submitted that the proposed agreement was fair and reasonable, while the employer argued that certain provisions were excessive and not in line with industry standards.

The key legal issues before the Commission were whether the proposed Enterprise Agreement met the statutory requirements for approval under the Fair Work Act 2009. This involved examining whether the agreement was made in good faith, whether it contained the prescribed minimum terms and conditions, and if the agreement was fair and reasonable. The Commission also had to consider whether the agreement provided for an appropriate balance between the interests of the employer and the employees. Additionally, the Court needed to determine if the agreement contained appropriate dispute resolution mechanisms.

The Commission found that the proposed Enterprise Agreement contained provisions that were fair and reasonable for the employees and the employer. The Commission considered that the agreement provided for appropriate wages and conditions, and that the dispute resolution mechanisms were adequate. The Commission also noted that the agreement was made in good faith and that the employees had been adequately consulted. The Commission approved the agreement, stating that it met all the statutory requirements for approval.

The final orders included the approval of the proposed Enterprise Agreement, which will now be binding on the employer and the employees. The Fair Work Commission's decision provides clarity on the terms and conditions of employment at the Ravenhall Correctional Centre and ensures that the employees are protected under a fair and reasonable agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established