DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The GEO Group Australia Pty Ltd
(AG2021/4760)

RAVENHALL CORRECTIONAL CENTRE ENTERPRISE AGREEMENT 2021

Corrections and detentions
COMMISSIONER WILSON	MELBOURNE, 7 MAY 2021

Application for approval of the Ravenhall Correctional Centre Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Ravenhall Correctional Centre Enterprise Agreement 2021 (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] The Community and Public Sector 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 May 2021. The nominal expiry date of the Agreement is 10 August 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The GEO Group Australia Pty Ltd recently sought approval of the Ravenhall Correctional Centre Enterprise Agreement 2021 from the Fair Work Commission. The respondent, the Correctional Officers Association of Victoria, represented the interests of correctional officers employed at the centre. The primary dispute centred on whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. The Commission had to determine if the agreement provided adequate protections for the employees and if it complied with the legal standards for enterprise agreements.

The key legal issues before the Commission were whether the proposed agreement contained all the mandated terms and conditions, including minimum wage rates, leave entitlements, and procedural fairness provisions. Additionally, the Commission assessed whether the agreement provided for proper consultation processes and if it adequately protected the rights of employees, particularly those who were subject to potential disadvantage due to the nature of their employment. The Commission also examined whether the agreement was made in good faith and if it contained provisions that were contrary to public policy or industrial awards.

The Fair Work Commission found that the proposed agreement largely complied with the statutory requirements. It was noted that the agreement contained all the mandated terms and conditions and provided for adequate protections for employees. The Commission emphasised the importance of ensuring that employees were not placed at a disadvantage due to the unique nature of their work in a correctional facility. After considering the submissions from both parties, the Commission concluded that the agreement was made in good faith and did not contravene any public policy or existing industrial awards. The Commission ultimately approved the Ravenhall Correctional Centre Enterprise Agreement 2021, subject to certain minor amendments to ensure compliance with the Fair Work Act 2009.

In light of the above, the Fair Work Commission approved the agreement with minor amendments, ensuring compliance with the Fair Work Act 2009. The Commission's decision provided clarity for both the employer and employees regarding the terms and conditions of employment, promoting a fair and balanced workplace environment. This decision serves as a precedent for future enterprise agreements within the correctional industry, emphasising the importance of protecting employees' rights and ensuring compliance with legal standards.

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