The GEO Group Australia Pty Ltd

[2021] FWCA 5420

[2021] FWCA 5420

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The GEO Group Australia Pty Ltd
(AG2021/6685)

JUNEE CORRECTIONAL CENTRE- CORRECTIONAL OFFICERS - 2021 ENTERPRISE AGREEMENT

Corrections and detentions
DEPUTY PRESIDENT MASSON	MELBOURNE, 1 SEPTEMBER 2021

Application for approval of the Junee Correctional Centre -Correctional Officers - 2021 Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Junee Correctional Centre -Correctional Officers - 2021 Enterprise Agreement (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.

[2] 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.

[3] 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.

[4] I note that clause 3.1.6 of the Agreement is inconsistent with the National Employment Standards. Given the written undertaking provided, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The United Workers’ Union 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 of the Act, will operate from 8 September 2021. The nominal expiry date of the Agreement is 2 December 2022.

DEPUTY PRESIDENT

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Annexure A