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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The GEO Group Australia Pty Ltd recently faced a legal challenge regarding the approval of the Junee Correctional Centre - Correctional Officers 2021 Enterprise Agreement. This case involved the employer, The GEO Group Australia Pty Ltd, and the union representing the correctional officers, the Public Service Association of New South Wales (PSA). The union sought the court's approval for the enterprise agreement, which outlined the terms and conditions of employment for correctional officers at the Junee Correctional Centre. The employer contested the union's application, arguing that certain provisions of the agreement were not in the best interests of the correctional officers or the operation of the centre.

The central legal issues before the court were whether the provisions of the enterprise agreement were fair and reasonable and if they aligned with the relevant legislative framework governing enterprise agreements in the public sector. The court had to determine whether the agreement appropriately balanced the interests of the employees, the employer, and the public. It also needed to assess if the agreement met the statutory criteria for approval, including ensuring it did not undermine the health, safety, or welfare of employees.

The court carefully examined the provisions of the enterprise agreement, considering submissions from both parties. It concluded that the agreement was fair and reasonable, taking into account the specific context of correctional officer employment. The court found that the agreement appropriately addressed the unique working conditions and risks associated with the role of correctional officers. It also determined that the agreement did not compromise the health, safety, or welfare of the employees and was consistent with the objectives of the relevant legislation. Accordingly, the court approved the Junee Correctional Centre - Correctional Officers 2021 Enterprise Agreement.

The final orders of the court included the approval of the enterprise agreement, allowing it to be implemented as the binding terms of employment for the correctional officers at the Junee Correctional Centre. The court's decision provided clarity and certainty for both the employer and the employees, ensuring that the agreement would govern their relationship going forward.

The GEO Group Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established