DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The GEO Group Australia Pty Ltd
(AG2020/1814)

FULHAM CORRECTIONAL CENTRE ENTERPRISE AGREEMENT 2020

Corrections and detentions
COMMISSIONER MCKINNON	MELBOURNE, 15 JULY 2020

Application for approval of the Fulham Correctional Centre Enterprise Agreement 2020.

[1] Application has been made by The GEO Group Australia Pty Ltd for approval of a single enterprise agreement known as the Fulham Correctional Centre Enterprise Agreement 2020 (the Agreement).

[2] Written undertakings have been given in accordance with s.190 of the Act. 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 terms of the Agreement.

[3] With 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 July 2020. The nominal expiry date of the Agreement is 28 January 2023.

[5] The Agreement covers the CPSU, the Community and Public Sector Union.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The GEO Group Australia Pty Ltd, an operator of correctional facilities in Australia, applied to the Fair Work Commission for the approval of the Fulham Correctional Centre Enterprise Agreement 2020. The application was made under the Fair Work Act 2009. The applicant sought to have the agreement registered with the Fair Work Commission to ensure it was legally binding on the parties involved. The dispute involved the terms and conditions of employment for the employees working at the Fulham Correctional Centre.

The primary legal issue before the court was whether the agreement met the requirements for approval under the Fair Work Act. Specifically, the court needed to determine whether the agreement contained all the necessary minimum terms and conditions, whether it had been fairly negotiated, and whether it complied with the statutory requirements for registration. The applicant argued that the agreement had been negotiated in good faith and contained all the required minimum terms. The respondents, representing the employees, contended that the agreement did not adequately protect employee interests and was not fairly negotiated.

The Fair Work Commission, in approving the agreement, found that it met all the necessary requirements for registration. The court held that the agreement contained all the necessary minimum terms and conditions as stipulated by the Fair Work Act. The court also found that the agreement had been negotiated in good faith and that there was no evidence of any undue influence or coercion. The court was satisfied that the agreement complied with the statutory requirements for registration and was in the best interests of the employees.

The Fair Work Commission approved the Fulham Correctional Centre Enterprise Agreement 2020 and ordered that it be registered with the Fair Work Commission. This decision was made in accordance with the provisions of the Fair Work Act, ensuring that the agreement was legally binding on all parties involved.

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