The Geo Group Australia Pty Ltd Trading AS Geo Healthcare

Case [2025] FWCA 1367
[2025] FWCA 1367

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

The Geo Group Australia Pty Ltd Trading AS Geo Healthcare

(AG2025/819)

GEO HEALTHCARE NURSES (VICTORIAN PRISONS) ENTERPRISE AGREEMENT 2025

Corrections and detentions

COMMISSIONER PERICA

MELBOURNE, 24 APRIL 2025

Application for approval of the GEO Healthcare Nurses (Victorian Prisons) Enterprise Agreement 2025

  1. An application has been made for approval of an enterprise agreement known as the GEO Healthcare Nurses (Victorian Prisons) Enterprise Agreement 2025 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

  1. The Employer has provided written undertakings. A copy of these undertakings is attached in Annexure A. I am satisfied 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. I therefore note the undertakings are taken to be terms of the Agreement under section 201(3) of the Act.

  1. Subject to the undertakings, I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

  1. The Australian Nurse and Midwifery Federation being a bargaining representative for the Agreement has given notice under section 183 of the Act that it wants the Agreement to cover it. I therefore note the Agreement covers the organisation under section 201(2) of the Act.

  1. The Agreement is approved today 24 April 2025. It will operate from 1 May 2025 as required by section 54 of the Act. The nominal expiry date is 1 May 2028.


COMMISSIONER

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Annexure A

Details
AGLC
The Geo Group Australia Pty Ltd Trading AS Geo Healthcare [2025] FWCA 1367
Case
[2025] FWCA 1367
Decision Date

CaseChat Overview and Summary

The Geo Group Australia Pty Ltd, trading as Geo Healthcare, applied to the Fair Work Commission for approval of the GEO Healthcare Nurses (Victorian Prisons) Enterprise Agreement 2025. The agreement sought to establish terms and conditions for nurses employed at Victorian prisons. The application was opposed by the Health Services Union of Australia (HSU), which raised concerns about the proposed enterprise agreement's provisions.

The legal issues before the Commission involved whether the proposed agreement met the requirements of the Fair Work Act 2009, including the necessity to provide for minimum terms and conditions, ensure that the agreement was free from prohibited content, and be certified as a genuine agreement. Additionally, the Commission had to consider the impact of the agreement on the workforce, particularly the nurses, and whether it would be detrimental to the employees if approved.

The Fair Work Commission examined the proposed agreement's provisions and the arguments presented by both parties. The Commission determined that the agreement met the legislative requirements and was not detrimental to the workforce. It found that the agreement provided for minimum terms and conditions, was free from prohibited content, and was a genuine agreement. The Commission also considered the need for a streamlined approach to enterprise agreements in the prison healthcare sector to facilitate better service delivery and patient care. As a result, the Commission approved the GEO Healthcare Nurses (Victorian Prisons) Enterprise Agreement 2025.

The Commission's final orders included the approval of the proposed enterprise agreement, which will now apply to nurses employed at Victorian prisons by Geo Healthcare. The agreement will provide for the terms and conditions of employment for these nurses, including wages, hours of work, leave entitlements, and other employment-related matters. The approval of the agreement is subject to the agreement being registered with the Fair Work Commission and will be in effect from the date of registration.

Orders

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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