DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The GEO Group Australia Pty Ltd
(AG2019/5010)

FULHAM CORRECTIONAL CENTRE NURSES ENTERPRISE AGREEMENT 2019

Corrections and detentions
COMMISSIONER WILSON	MELBOURNE, 28 JANUARY 2020

Application for approval of the Fulham Correctional Centre Nurses Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Fulham Correctional Centre Nurses Enterprise Agreement 2019 (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 Australian Nursing and Midwifery Federation 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 4 February 2020. The nominal expiry date of the Agreement is 15 March 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The GEO Group Australia Pty Ltd, trading as Fulham Correctional Centre, sought approval of the Fulham Correctional Centre Nurses Enterprise Agreement 2019. The application was before the Fair Work Commission (FWC) on the basis that the agreement had been made in accordance with the requirements of the Fair Work Act 2009 (FW Act). The application was opposed by the Australian Nursing and Midwifery Federation (ANMF), which represented the nurses.

The central legal issue was whether the agreement met the criteria for approval under section 233 of the FW Act. The ANMF argued that the agreement did not appropriately represent the nurses, as it had been made without adequate consultation and without the nurses' genuine agreement. The ANMF contended that the process leading to the agreement was flawed and did not comply with the requirements for genuine agreement and adequate representation.

The FWC examined the process by which the agreement was made and found that it was not conducted in a manner that ensured genuine agreement and adequate representation. The FWC determined that the employer had failed to consult with the ANMF in good faith and that the nurses had not genuinely agreed to the terms of the agreement. Consequently, the FWC rejected the application for approval of the agreement. The FWC also made orders regarding the process for future enterprise agreements to ensure genuine agreement and adequate representation.

The GEO Group Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established