Fulham Correctional Centre Enterprise Agreement 2020

1

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

AE508516  PR721008

[2020] FWCA 3713

DECISION
FairWork 

Commission 


AUSTRALIA FairWork Commission

OF THE FAIR WORK AUSTRALI MMISSION THE SEAL OF THE




 



[2020] FWCA 3713

2

Annexure A

IN THE FAIR WORK COMMISSION 

FWC Matter No.: AG2020/1814 Re: the Fulham Correctional Centre Enterprise Agreement 
2020 

Applicant: The GEO Group Aus~alia Ply ltd 

Undertaking - Section 190 

I, Pieter Bezuidenhout. Managing Director of The GEO Group Australia Pty ltd (GEO), being 
authorised by my position to do so, give the foUowlng undertakings with respect 10 the Fvlham 
Correctional Gentle Enterprise Agreement 2020 (Agreement): 

1. The Agreement will be read and interpreted in conjunction with the National Employment 
Standards (NES) Where there is an inconsistency between the Agreement and the NES, 
and the NE$ pro·Jides a greater benefit. the NE$ provision will apply to the extent o f any 
inconsistency. This includes. but is not limited to the operation of clauses 15.3, 29.1 , 32.2.4 
and 35.1.2 of the Agreement. 

2. Casual and Part-:ime employees - at the end of each calendar month GEO will determine 
for each casual er part-time employee who has wo,ked on a night shifl. Sunday or public 
holiday during fur pay poriods ending in lllat calendar month, whether lllere Is any shortfall 
in total remunerafon of the employee when compared with the Correct.ions anJ Detention 
(Private Sac/0() Award 2020 (Award). The amount o f any shoMfall idenlified by GEO plus 
an amount o f 1% of the remuneration calculated under the Award for the applicable period 
will be paid to th6 affected employee In the next pay period after the review is completed. 

3. Part-time empl0)•ees - the entitlement of part-time employees to overtime under the 
Agreement will be in accordance with clause 10.7 of the Award, wh ich will apply in place 
o f clause 25 of the Agreement. 

4. Trainee Correcticnal Officers - at the end of the training period GEO wm determine whether 
there is any shortfall in total remuneration of the trainee during that training period when 
compared with the Awa,d. The amount of any shortfall identified by GEO plus an amount 
of 1% of the remuneration calculated under the Award for the applicable period will be paid 
to the employee in the next pay period atte, the ,eview Is completed. 

5. Correctional SupeN!sors - In the event of a Correctional Supervisor being assigned to 
permanent night shift, GEO will at the end of each calendar month of that assignment, 
determine whether there is any shortfall in total remuneration of the employee during full 
pay periods endhg in that calendar month when compared with the Award. The amount 
of any shortfall identified by GEO plus an amount of 1% of the remuneration calculated 
under ward for the applicable period will be p-aid to the employee in the next pay 
period r the r iew is oompleted. 

(2, {7 /, 010 I • 
Date 


IN THE FAIR WORK COMMISSION FWC Matter No .: AG2020/1814 Re: the Fulhem Correctional Centre Enterprise Agreement 2020 Applicant: The GEO Group Australia Pty Ltd Undertaking - Section 190 I. Pieter Bezuidenhout, Managing Director of The GEO Group Australia Pty Ltd (GEO), being authorised by my position to do so, give the following undertakings with respect to the Fulham Correctional Centre Enterprise Agreement 2020 (Agreement); 1. The Agreement will be read and interpreted in conjunction with the National Employment Standards (NES). Where there is ant inconsistency between the Agreement and the NES, and the NES provides a greater benefit the NES provision will apply to the extent of any inconsistency This includes, but is not limited to the operation of clauses 15.3, 29.1, 32.2.4 and 35.1.2 of the Agreement. 2. Casual and Part-time employees - at the end of each calendar month GEO will determine for each casual or part-time employee who has worked on a night shift, Sunday or public holiday during full pay periods ending in that calendar month, whether there is any shortfall in total remuneration of the employee when compared with the Corrections and Detention (Private Sector) Award 2020 (Award). The amount of any shortfall identified by GEO plus an amount of 1% of the remuneration calculated under the Award for the applicable perlod will be paid to the affected employee in the next pay period after the review is completed 3. Part-time employees = the entitlement of part-time employees to overtime under the Agreement will be in accordance with clause 10 7 of the Award, which will apply in place of clause 25 of the Agreement 4. Trainee Correctional Officers + at the end of the training period GEO will determine whether there is any shortfall in total remuneration of the trainee during that training period when compared with the Award. The amount of any shortfall identified by GEO plus an amount of 1% of the remuneration calculated under the Award for the applicable period will be paid to the employee in the next pay period after the review is completed 5. Correctionel Supervisors - In the event of a Correctional Supervisor being assigned to permanent night shint, GEO will at the end of each calendar month of that assignment, determine whether there is any shortfall in total remuneration of the employee during full pay periods ending in that calendar month when compared with the Award. The amount of any shortfall identified by GEO plus an amount of 1% of the remuneration calculated under the Award for the applicable period will be paid to the employee in the next pay period eller the regiew is completed. 13/7/2020 Pieter Bezuidenhout Date




 



FULHAM CORRECTIONAL CENTRE ENTERPRISE AGREEMENT 2020 

FCC ENTERPRISE AGREEMENT 2020 VOTING VERSION 


FULHAM CORRECTIONAL CENTRE ENTERPRISE AGREEMENT 2020 FCC ENTERPRISE AGREEMENT 2020 VOTING VERSION




 

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TABLE OF CONTENTS 

PART 1 APPLICATION AND OPERATION OF AGREEMENT 

1. TITLE 4 

2. WHO IS COVERED BY THIS AGREEMENT 4 

3. WHEN THIS AGREEMENT APPLIES AND PERIOD OF OPERATION 4 

4. SAVINGS CLAUSE 4 

5. INTERACTION WITH AWARDS 4 

6. DEFINITIONS 4 

7. ANTI-DISCRIMINATION AND BULLYING 4 

PART 2 CONSULTATION, CONDUCT, DISCIPLINE, DISPUTE RESOLUTION AND COMMUNICATION 

8. CONSULTATIVE COMMITTEE 5 

9. CODE OF CONDUCT, CONFIDENTIALITY AND DISCIPLINE 5 

10. PROCEDURE FOR AVOIDANCE OF DISPUTES 6 

11. RIGHT OF ENTRY 7 

12. IMPLEMENTATION OF CHANGE 7 

13. COMMUNICATIONS 7 

PART 3 GEO'S AND EMPLOYEE'S DUTIES, EMPLOYMENT RELATIONSHIP AND RELATED MATTERS 

14. EMPLOYMENT CATEGORIES 7 

15. TERMINATION OF EMPLOYMENT 8 

16. REDUNDANCY 9 

17. OUTSIDE EMPLOYMENT 9 

18. FLEXIBILITY ARRANGEMENTS 9 

19. STAFFING LEVELS 10 

PART 4 WAGES AND RELATED MATTERS 

20. CLASSIFICATIONS 10 
I 

21. ALLOWANCES ! 12 
I 

22. PAYMENT OF WAGES I 12 

23. SUPERANNUATION ! 15 
' 

24. SALARY DEDUCTIONS AND SALARY SACRIFICE I 15 

PART 5 HOURS OF WORK, BREAKS, OVERTIME AND NOTIFICATION OF SHIFTS 

25. HOURS OF WORK 15 
I 

26. BREAKS AND OTHER ALLOWANCES ! 17 

27. OVERTIME I 17 
I 

28. NOTIFICATION OF SHIFTS AND WORK LOCATION ! 18 

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TABLE OF CONTENTS PART 1 APPLICATION AND OPERATION OF AGREEMENT 1. TITLE WHO IS COVERED BY THIS AGREEMENT 4 2. 3. WHEN THIS AGREEMENT APPLIES AND PERIOD OF OPERATION 4 4 4. SAVINGS CLAUSE 5. 4 INTERACTION WITH AWARDS 4 6. DEFINITIONS 7. ANTI-DISCRIMINATION AND BULLYING 4 PART 2 CONSULTATION, CONDUCT, DISCIPLINE, DISPUTE RESOLUTION AND COMMUNICATION 4 8. CONSULTATIVE COMMITTEE 9. CODE OF CONDUCT, CONFIDENTIALITY AND DISCIPLINE 5 5 10. PROCEDURE FOR AVOIDANCE OF DISPUTES 6 11. RIGHT OF ENTRY 7 12. IMPLEMENTATION OF CHANGE 13 COMMUNICATIONS 7 PART 3 GEO'S AND EMPLOYEE'S DUTIES, EMPLOYMENT RELATIONSHIP AND RELATED MATTERS 7 14. EMPLOYMENT CATEGORIES 15. TERMINATION OF EMPLOYMENT 7 8 16. REDUNDANCY 9 17. OUTSIDE EMPLOYMENT FLEXIBILITY ARRANGEMENTS 9 18. 19. STAFFING LEVELS 9 10 PART 4 WAGES AND RELATED MATTERS 20. CLASSIFICATIONS 21. ALLOWANCES 10 12 22. PAYMENT OF WAGES SUPERANNUATION 12 23. SALARY DEDUCTIONS AND SALARY SACRIFICE 15 24 PART 5 HOURS OF WORK, BREAKS, OVERTIME AND NOTIFICATION OF SHIFTS 15 25. HOURS OF WORK 15 26. BREAKS AND OTHER ALLOWANCES 17 27. OVERTIME 28. NOTIFICATION OF SHIFTS AND WORK LOCATION 17 18 FCC ENTERPRISE AGREEMENT 2020 VOTING VERSION Page 2 of 30




 



PART 6 LEAVE OF ABSENCE AND PUBLIC HOLIDAYS 

29. ANNUAL LEAVE 18 

30. EMPLOYEE PURCHASED ANNUAL LEAVE 19 

31. 'CASHING-IN' OF EXCESS ANNUAL LEAVE 19 

32. AMOUNT OF PERSONAL/CARERS LEAVE 20 

33. UNPAID CARER'S LEAVE 21 

34. PAYMENT FOR PERSONAL/CARER'S LEAVE 21 

35. PERSONAL CARER'S LEAVE APPLICATION 21 

36. DOCUMENTARY EVIDENCE 21 

37. PERSONAL LEAVE DONATION 21 

38. COMPASSIONATE LEAVE 22 

39. SPECIAL LEAVE AND OTHER LEAVE 22 

40. PARENTAL LEAVE 22 

41. PUBLIC HOLIDAYS 22 

42. COMMUNITY SERVICE LEAVE 23 

43. ATTENDANCE AT BLOOD BANK 23 

44. ATTENDANCE AT REPATRIATION CENTRES 23 

45. LONG SERVICE LEAVE 23 

46. COURT LEAVE 24 

47. DEFENCE RESERVE SERVICE LEAVE 24 

PART 7 TRAVELLING AND WORKING AWAY FROM USUAL PLACE OF WORK 

48. TRAVELLING, TRANSPORT AND FARES 24 

PART 8 TRAINING AND RELATED MATTERS 

49. TRAINING 25 

50. TRADE UNION TRAINING LEAVE 25 

PART 9 OCCUPATIONAL HEALTH AND SAFETY MATTERS, EQUIPMENT,TOOLS AND AMENITIES 

51. WORKERS COMPENSATION 25 

52. OCCUPATIONAL HEALTH AND SAFETY 26 

53. CLOTHING, EQUIPMENT AND TOOLS 26 

54. FIRST AID 26 

PART 10 AGREEMENT AVAILABILITY AND COMPLIANCE 

55. TIME AND RECORDS 26 

56. AVAILABILITY OF AGREEMENT 27 

57. NEXT AGREEMENT 27 

58. NO EXTRA CLAIMS 27 

SCHEDULE 1 RATES OF PAY 

SCHEDULE 2 RIGHT TO REQUEST CASUAL CONVERSION 

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PART 6 LEAVE OF ABSENCE AND PUBLIC HOLIDAYS 29. ANNUAL LEAVE 18 30. EMPLOYEE PURCHASED ANNUAL LEAVE 19 31. 'CASHING-IN' OF EXCESS ANNUAL LEAVE 19 32. AMOUNT OF PERSONAL/CARERS LEAVE 20 33. UNPAID CARER'S LEAVE 21 34. PAYMENT FOR PERSONAL/CARER'S LEAVE 21 35. PERSONAL CARER'S LEAVE APPLICATION 21 36. DOCUMENTARY EVIDENCE 21 37. PERSONAL LEAVE DONATION 21 38. COMPASSIONATE LEAVE 22 SPECIAL LEAVE AND OTHER LEAVE 22 40. PARENTAL LEAVE 22 41. PUBLIC HOLIDAYS 22 42. COMMUNITY SERVICE LEAVE 23 43 ATTENDANCE AT BLOOD BANK 23 44. ATTENDANCE AT REPATRIATION CENTRES 23 45. LONG SERVICE LEAVE 23 46. COURT LEAVE 24 47. DEFENCE RESERVE SERVICE LEAVE 24 PART 7 TRAVELLING AND WORKING AWAY FROM USUAL PLACE OF WORK 48. TRAVELLING, TRANSPORT AND FARES 24 PART 8 TRAINING AND RELATED MATTERS 49. TRAINING 25 50 TRADE UNION TRAINING LEAVE 25 PART 9 OCCUPATIONAL HEALTH AND SAFETY MATTERS, EQUIPMENT, TOOLS AND AMENITIES 51. WORKERS COMPENSATION 25 52. OCCUPATIONAL HEALTH AND SAFETY 26 53. CLOTHING, EQUIPMENT AND TOOLS 26 54. FIRST AID 26 PART 10 AGREEMENT AVAILABILITY AND COMPLIANCE 55 TIME AND RECORDS 26 56 AVAILABILITY OF AGREEMENT 27 57. NEXT AGREEMENT 27 58. NO EXTRA CLAIMS 27 SCHEDULE 1 RATES OF PAY SCHEDULE 2 RIGHT TO REQUEST CASUAL CONVERSION FCC ENTERPRISE AGREEMENT 2020 VOTING VERSION Page 3 of 30




 



PART 1- APPLICATION AND OPERATION OF AGREEMENT 

1. TITLE 

1.1 This Agreement shall be referred to as the Fulham Correctional Centre Enterprise Agreement 2020 (this 
Agreement). 

2. WHO IS COVERED BY THIS AGREEMENT 

2.1 This Agreement covers the following parties: 

2.1.1 The GEO Group Australia Pty Limited (GEO); 

2.1.2 Upon application and subject to section 183 of the Fair Work Act, the Community and Public 
Sector Union (Union or CPSU}; and 

2.1.3 All employees identified as per the classifications set out in Schedule 1 to this Agreement 
while employed at the Fulham Correctional Centre (FCC or Centre). 

3. WHEN THIS AGREEMENT APPLIES AND PERIOD OF OPERATION 

3.1 This Agreement will operate 7 days after it is approved by the Fair Work Commission and will nominally 
expire on 28 January 2023. 

3.2 The parties agree to commence negotiations for a new agreement to replace this Agreement no later than 
six months prior to the nominal expiry date. 

4. SAVINGS CLAUSE 

4.1 No employee will have his or her overall pay and conditions reduced as a result of the making of this 
Agreement. 

4.2 Actions and proceedings commenced under previous agreement can continue. 

5. INTERACTION WITH AWARDS 

5.1 This Agreement operates to the exclusion of modern awards which might otherwise apply. 

6. DEFINITIONS 

6.1 In this Agreement: 

6.1.1 The Act means the Fair Work Act 2009 (Cth) and any amendments or successor legislation; 

6.1.2 GEO, Company and Employer means The GEO Group Australia Pty Ltd (ACN 051130 060); 

6.1.3 CPSU and Union means the Community and Public Sector Union; 

6.1.4 Party or Parties means the persons and organisations covered by the Agreement as set out 
in clause 2. 

7. ANTI-DICRIMINATION AND BULLYING 

7.1 It is the intention of the parties to this Agreement to achieve the object of helping to prevent and 
eliminate discrimination on the basis of race, colour, sex, sexual preference, age, physical or mental 
disability, marital status, family or carer's responsibilities, pregnancy, religion, political opinion, national 
extraction or social origin and to promote respectful workplace behaviour. 

7.2 Discrimination, harassment and bullying will not be tolerated in the workplace. 

7.3 Harassment is defined as including words or physical behaviour, including of a sexual nature, which is 
unwelcome or offensive to an employee. 

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PART 1 - APPLICATION AND OPERATION OF AGREEMENT 1. TITLE 1.1 This Agreement shall be referred to as the Fulham Correctional Centre Enterprise Agreement 2020 (this Agreement). 2. WHO IS COVERED BY THIS AGREEMENT 2.1 This Agreement covers the following parties: 2.1.1 The GEO Group Australia Pty Limited (GEO); 2.1.2 Upon application and subject to section 183 of the Fair Work Act, the Community and Public Sector Union (Union or CPSU); and 2.1.3 All employees identified as per the classifications set out in Schedule 1 to this Agreement while employed at the Fulham Correctional Centre (FCC or Centre). 3. WHEN THIS AGREEMENT APPLIES AND PERIOD OF OPERATION. 3.1 This Agreement will operate 7 days after it is approved by the Fair Work Commission and will nominally expire on 28 January 2023. 3.2 The parties agree to commence negotiations for a new agreement to replace this Agreement no later than six months prior to the nominal expiry date. 4. SAVINGS CLAUSE 4.1 No employee will have his or her overall pay and conditions reduced as a result of the making of this Agreement. 4.2 Actions and proceedings commenced under previous agreement can continue. 5. INTERACTION WITH AWARDS 5.1 This Agreement operates to the exclusion of modern awards which might otherwise apply. 6. DEFINITIONS 6.1 In this Agreement: 6.1.1 The Act means the Fair Work Act 2009 (Cth) and any amendments or successor legislation; 6.1.2 GEO, Company and Employer means The GEO Group Australia Pty Ltd (ACN 051130 060); 6.1.3 CPSU and Union means the Community and Public Sector Union; 6.1.4 Party or Parties means the persons and organisations covered by the Agreement as set out in clause 2. 7. ANTI-DICRIMINATION AND BULLYING 7.1 It is the intention of the parties to this Agreement to achieve the object of helping to prevent and eliminate discrimination on the basis of race, colour, sex, sexual preference, age, physical or mental disability, marital status, family or carer's responsibilities, pregnancy, religion, political opinion, national extraction or social origin and to promote respectful workplace behaviour. 7.2 Discrimination, harassment and bullying will not be tolerated in the workplace. 7.3 Harassment is defined as including words or physical behaviour, including of a sexual nature, which is unwelcome or offensive to an employee. FCC ENTERPRISE AGREEMENT 2020 VOTING VERSION Page 4 of 30




 



7.4 Harassment, sexual or otherwise, that occurs in the workplace shall be dealt with in accordance with 
relevant legislation. 

7.5 GEO must not discriminate against any employee in connection with engagement, promotion or 
dismissal. 

PART 2- CONSULTATION, CONDUCT, DISCIPLINE, DISPUTE RESOLUTION AND COMMUNICATION 

8. CONSULTATIVE COMMITTEE 

8.1 {Consultative Committee): The parties to this Agreement will participate in a Fulham Correctional 
Centre Joint Workplace Consultative Committee (JWCC) for the purposes of: 
8.1.1 Ongoing consultation regarding matters which affect staff; and 
8.1.2 On-going monitoring and assessment of the implementation of this Agreement. 
8.1.3 The JWCC will develop and maintain a Charter for its operation and the composition of the 

Committee will be determined by the parties. 
8.1.4 For the purposes of ensuring matters are discussed appropriately, a quorum of at least two 

management representatives {or proxy) and three employee representatives must be in 
attendance for the meeting to proceed. 

8.1.5 Where a matter raised in the JWCC remains unresolved for a period exceeding three months 
the General Manager at Fulham Correctional Centre will provide a written explanation as to 
the reason for not resolving the matter to the Committee and this explanation will form part 
of the minutes of the Committee. 

8.1.6 Priority items for consideration by the JWCC will include matters arising under new clauses 
for Employee Wellbeing and for a Staffing Level Review. 

8.2 {Employee Well Being): 
8.1.7 The parties to this Agreement support an inclusive and integrated approach to employee mental 

health and wellbeing, and ensuring, so far as is reasonably practicable within the correctional 
environment, that employees are not unreasonably negatively impacted by: 

a) the working environment; and 
b) operational requirements. 

8.1.8 Where a mental health and wellbeing matter is raised, it shall be referred to the JWCC to identify 
reasonably practicable measures to mitigate or resolve the matter, having regard to the 
correctional environment. It is however accepted that mental health and well-being remains 
principally a work health and safety matter and this clause is intended to support obligations and 
requirements under OHS legislation rather than establishing new obligations. 

9. CODE OF CONDUCT, CONFIDENTIALITY AND DISCIPLINE 

9.1 Employees must comply with GEO's Code of Conduct and Ethical Behaviour Policy (the Code) as in place 
and amended from time to time. This Code does not form part of the Agreement. 

9.2 Employees shall not, either during the period of this Agreement or thereafter, disclose to any person 
any information of a secret or confidential nature (being information not in the public domain) relating 
to the business affairs of GEO, except as authorised in writing by GEO or to enable the performance of 
the employees' duties with GEO. 

9.3 Any alleged breach by an employee of the Code or other requirements of their position may be dealt 
with as a disciplinary matter. The process for disciplinary matters will recognise the principles of natural 
justice, and in particular: 

9.3.1 The necessity to advise an employee, in writing, of any allegations and the basis of those 
allegations; 

9.3.2 The right to be represented by the Union and/or a fellow employee as a support person; 

9.3.3 The opportunity to respond to any allegations within a reasonable time including any 
mitigating circumstances; and 

9.3.4 That outcomes should be proportionate to the conduct. 

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7.4 Harassment, sexual or otherwise, that occurs in the workplace shall be dealt with in accordance with relevant legislation. 7.5 GEO must not discriminate against any employee in connection with engagement, promotion or dismissal. PART 2 - CONSULTATION, CONDUCT, DISCIPLINE, DISPUTE RESOLUTION AND COMMUNICATION 8. CONSULTATIVE COMMITTEE 8.1 (Consultative Committee): The parties to this Agreement will participate in a Fulham Correctional Centre Joint Workplace Consultative Committee (JWCC) for the purposes of: 8.1.1 Ongoing consultation regarding matters which affect staff; and 8.1.2 On-going monitoring and assessment of the implementation of this Agreement. 8.1.3 The JWCC will develop and maintain a Charter for its operation and the composition of the Committee will be determined by the parties. 8.1.4 For the purposes of ensuring matters are discussed appropriately, a quorum of at least two management representatives (or proxy) and three employee representatives must be in attendance for the meeting to proceed. 8.1.5 Where a matter raised in the JWCC remains unresolved for a period exceeding three months the General Manager at Fulham Correctional Centre will provide a written explanation as to the reason for not resolving the matter to the Committee and this explanation will form part of the minutes of the Committee 8.1.6 Priority items for consideration by the JWCC will include matters arising under new clauses for Employee Wellbeing and for a Staffing Level Review. 8.2 (Employee Well Being): 8.1.7 The parties to this Agreement support an inclusive and integrated approach to employee mental health and wellbeing, and ensuring, so far as is reasonably practicable within the correctional environment, that employees are not unreasonably negatively impacted by: a) the working environment; and b) operational requirements. 8.1.8 Where a mental health and wellbeing matter is raised, it shall be referred to the JWCC to identify reasonably practicable measures to mitigate or resolve the matter, having regard to the correctional environment. It is however accepted that mental health and well-being remains principally a work health and safety matter and this clause is intended to support obligations and requirements under OHS legislation rather than establishing new obligations. 9. CODE OF CONDUCT, CONFIDENTIALITY AND DISCIPLINE 9.1 Employees must comply with GEO's Code of Conduct and Ethical Behaviour Policy (the Code) as in place and amended from time to time. This Code does not form part of the Agreement. 9.2 Employees shall not, either during the period of this Agreement or thereafter, disclose to any person any information of a secret or confidential nature (being information not in the public domain) relating to the business affairs of GEO, except as authorised in writing by GEO or to enable the performance of the employees' duties with GEO. 9.3 Any alleged breach by an employee of the Code or other requirements of their position may be dealt with as a disciplinary matter. The process for disciplinary matters will recognise the principles of natural justice, and in particular: 9.3.1 The necessity to advise an employee, in writing, of any allegations and the basis of those allegations; 9.3.2 The right to be represented by the Union and/or a fellow employee as a support person; 9.3.3 The opportunity to respond to any allegations within a reasonable time including any mitigating circumstances; and 9.3.4 That outcomes should be proportionate to the conduct. FCC ENTERPRISE AGREEMENT 2020 VOTING VERSION Page 5 of 30




 



9.4 The right of an employee to challenge any disciplinary action will be in accordance with clause 10 
below. 

9.5 Discipline Process 

9.5.1 Where an allegation of misconduct is received by the Employer, the following procedure is 
to be followed: 

a) Establish the facts of the allegations by conducting a preliminary, fact-finding 

investigation. 

b) Where initial evidence indicates a possible 'case to answer', determine whether formal 

or informal processes are appropriate. 

I. Informal: To be dealt with via counselling and/or performance management plan. 

II. Formal: Terms of Reference (TOR) are to be used, outlining allegations and terms 

of disciplinary investigation to be conducted. 

c) Where the evidence reveals no case to answer, the process ceases. 

d) The following progressive disciplinary outcomes may apply in the case of employee 

disciplinary infractions and breaches of Centre rules, regulations, practices and 

procedures: 

I. Verbal counselling and/or reprimand. 

II. Written notice of rules violation or written reprimand. 

Ill. Refusal of progression within a classification for up to a maximum of 12 months. 

IV. Level demotion to a lower classification for up to a maximum of 12 months. 

V. Suspension without pay for up to a maximum 14 days. 

VI. Termination. 

9.5.2 GEO agrees not to suspend or terminate employment for a reason which is harsh, unjust, or 
unreasonable. 

9.5.3 The Company is committed to the principles of procedural fairness and will ensure they are 
implemented in all stages of disciplinary matters for the course of this agreement. 

10. PROCEDURE FOR AVOIDANCE OF DISPUTES 

10.1 Subject to clause 12 a dispute or grievance about a matter arising under this Agreement, or in relation 
to the National Employment Standards provided for in the Act, must be dealt with in the following 
manner: 

10.1.1 The matter must first be discussed by the aggrieved employee with his or her immediate 
supervisor. 

10.1.2 

10.1.3 

On receipt of a grievance GEO undertakes to ensure that the matter is dealt with promptly 
and without undue delay. 

Whether the matter is considered by the complainant's supervisor or another employer 
representative, mediation and/or conciliation should be considered in the first instance as a 

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.......... 9.4 The right of an employee to challenge any disciplinary action will be in accordance with clause 10 below. 9.5 Discipline Process 9.5.1 Where an allegation of misconduct is received by the Employer, the following procedure is to be followed: a) Establish the facts of the allegations by conducting a preliminary, fact-finding investigation. b) Where initial evidence indicates a possible 'case to answer', determine whether formal or informal processes are appropriate. 1. Informal: To be dealt with via counselling and/or performance management plan. Il. Formal: Terms of Reference (TOR) are to be used, outlining allegations and terms of disciplinary investigation to be conducted. c) Where the evidence reveals no case to answer, the process ceases. d) The following progressive disciplinary outcomes may apply in the case of employee disciplinary infractions and breaches of Centre rules, regulations, practices and procedures: 1. Verbal counselling and/or reprimand. 11. Written notice of rules violation or written reprimand. Refusal of progression within a classification for up to a maximum of 12 months. = IV. Level demotion to a lower classification for up to a maximum of 12 months. V. Suspension without pay for up to a maximum 14 days. VI. Termination. 9.5.2 GEO agrees not to suspend or terminate employment for a reason which is harsh, unjust, or unreasonable. 9.5.3 The Company is committed to the principles of procedural fairness and will ensure they are implemented in all stages of disciplinary matters for the course of this agreement. 10. PROCEDURE FOR AVOIDANCE OF DISPUTES 10.1 Subject to clause 12 a dispute or grievance about a matter arising under this Agreement, or in relation to the National Employment Standards provided for in the Act, must be dealt with in the following manner: 10.1.1 The matter must first be discussed by the aggrieved employee with his or her immediate supervisor. 10.1.2 On receipt of a grievance GEO undertakes to ensure that the matter is dealt with promptly and without undue delay. 10.1.3 Whether the matter is considered by the complainant's supervisor or another employer representative, mediation and/or conciliation should be considered in the first instance as a FCC ENTERPRISE AGREEMENT 2020 VOTING VERSION Page 6 of 30




 



10.1.4 

10.1.5 

10.1.6 

resolution mechanism. 

If the matter is not settled, or by reason of the allegations it is not appropriate to be 
discussed at first instance with the immediate supervisor, the employee can require that 
the matter be discussed with another representative of the Employer appointed for the 
purposes of this procedure. The employee is entitled to have a representative, including an 
accredited representative of the Union present at this discussion. 

If the matter still remains unresolved it may be referred to the relevant internal process. If 
this is unsuccessful the dispute or grievance may be referred by either party to the Fair 
Work Commission for conciliation and if necessary, arbitration. 

Until the matter is determined work will continue in accordance with usual practice. No 
party or employee will be prejudiced as to the final settlement by the continuance of work 
in accordance with this procedure. 

10.2 A risk to health and safety overrides these provisions. 

11. RIGHT OF ENTRY 

11.1 Duly accredited representatives of the Union will be permitted access to the workplace in accordance 
with Part 3-4, Right of Entry, of the Act. 

12. IMPLEMENTATION OF CHANGE 

12.1 Where GEO is considering workplace restructuring, the introduction of new technology or changes to 
the existing work practices of employees, including the introduction of new rosters and/or changes to 
the ordinary hours of work, GEO will advise the affected employees, the JWCC and the CPSU of the 
proposed change as soon as practicable. GEO will advise the affected employees, the JWCC and the 
CPSU of the likely effects on the employees working conditions and responsibilities. GEO will advise of 
the rationale and the intended benefits of any change. 

12.2 GEO will regularly consult with employees, the JWCC and the CPSU and give prompt consideration to 
matters raised by the employees, the JWCC or the CPSU and where appropriate provide training for 
employees to assist them to integrate successfully into the new structure. 

12.3 In accordance with this clause, the JWCC and the CPSU may submit alternative proposals, which will 
meet the indicated rationale and benefits of the proposal and these must be submitted in a timely 
manner. If such a proposal is made, GEO must give just cause to the CPSU of non-acceptance of such 
alternative proposals. 

12.4 Any disputes concerning the parties' obligations under this clause shall be dealt with pursuant to clause 
10. 

12.S For the avoidance of doubt, employees may appoint a representative for the purposes of this clause. If 
the Employee(s) appoint a representative for the purposes of consultation, and notify the Company of 
the identity of the representative, then the Company must recognise the representative. 

13. COMMUNICATIONS 

13.1 Duly appointed Union delegates will be allowed reasonable access to telephone and other 
communication devices to facilitate communication between employees and/or the CPSU provided 
that such communication is not offensive or improper. The Employer will allow reasonable time off to 
Union delegates to access such devices. 

13.2 Union delegates will have access to an email group specifically for union delegates, for the purposes of 
discussing union matters 

13.3 The Company will make available space on existing noticeboards within the staff dining room 
specifically for posting of union correspondence. 

13.4 Any disputes concerning the parties' obligations under this clause shall be dealt with pursuant to clause 

FCC ENTERPRISE AGREEMENT 2020 VOTING VERSION Page 7 of 30 


resolution mechanism. 10.1.4 If the matter is not settled, or by reason of the allegations it is not appropriate to be discussed at first instance with the immediate supervisor, the employee can require that the matter be discussed with another representative of the Employer appointed for the purposes of this procedure. The employee is entitled to have a representative, including an accredited representative of the Union present at this discussion. 10.1.5 If the matter still remains unresolved it may be referred to the relevant internal process. If this is unsuccessful the dispute or grievance may be referred by either party to the Fair Work Commission for conciliation and if necessary, arbitration. 10.1.6 Until the matter is determined work will continue in accordance with usual practice. No party or employee will be prejudiced as to the final settlement by the continuance of work in accordance with this procedure. 10.2 A risk to health and safety overrides these provisions. 11. RIGHT OF ENTRY 11.1 Duly accredited representatives of the Union will be permitted access to the workplace in accordance with Part 3-4, Right of Entry, of the Act. 12. IMPLEMENTATION OF CHANGE 12.1 Where GEO is considering workplace restructuring, the introduction of new technology or changes to the existing work practices of employees, including the introduction of new rosters and/or changes to the ordinary hours of work, GEO will advise the affected employees, the JWCC and the CPSU of the proposed change as soon as practicable. GEO will advise the affected employees, the JWCC and the CPSU of the likely effects on the employees working conditions and responsibilities. GEO will advise of the rationale and the intended benefits of any change. 12.2 GEO will regularly consult with employees, the JWCC and the CPSU and give prompt consideration to matters raised by the employees, the JWCC or the CPSU and where appropriate provide training for employees to assist them to integrate successfully into the new structure. 12.3 In accordance with this clause, the JWCC and the CPSU may submit alternative proposals, which will meet the indicated rationale and benefits of the proposal and these must be submitted in a timely manner. If such a proposal is made, GEO must give just cause to the CPSU of non-acceptance of such alternative proposals. 12.4 Any disputes concerning the parties' obligations under this clause shall be dealt with pursuant to clause 10. 12.5 For the avoidance of doubt, employees may appoint a representative for the purposes of this clause. If the Employee(s) appoint a representative for the purposes of consultation, and notify the Company of the identity of the representative, then the Company must recognise the representative. 13. COMMUNICATIONS 13.1 Duly appointed Union delegates will be allowed reasonable access to telephone and other communication devices to facilitate communication between employees and/or the CPSU provided that such communication is not offensive or improper. The Employer will allow reasonable time off to Union delegates to access such devices. 13.2 Union delegates will have access to an email group specifically for union delegates, for the purposes of discussing union matters 13.3 The Company will make available space on existing noticeboards within the staff dining room specifically for posting of union correspondence. 13.4 Any disputes concerning the parties' obligations under this clause shall be dealt with pursuant to clause FCC ENTERPRISE AGREEMENT 2020 VOTING VERSION Page 7 of 30




 



10. 

13.5 Subject to operational requirements, Union delegates will be allowed to hold a "report- back" meeting 
with employees every three months to coincide with a pre-determined lock-down day. Such meeting 
shall not exceed thirty minutes in duration in the lock-down period. 

PART 3 - GEO'S AND EMPLOYEES' DUTIES, EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS 

14. EMPLOYMENT CATEGORIES 

14.1 Employees may be engaged on a full-time, part-time, casual or fixed task/term basis. 

14.2 Employees seeking to amend their employment status from a permanent full-time or part- time role to 
casual employment shall give GEO notice of one full pay cycle. 

14.3 Fixed Term/Task Employment 

14.3.1 A fixed task/term employee is one whose contract of employment is expressed to be for a 
fixed task/term, or for the duration of a specific project or task. Fixed term/task employees 
will be employed as a full-time or part-time employee for that term or project, but clauses 
15 and 16 will not apply. Each fixed task/term contract offered by GEO will be for a period 
not exceeding 12 months in duration. 

14.3.2 GEO will recognise service for all purposes of a fixed term/task employee who is 
subsequently re-engaged provided any break in employment is not more than 3 months. An 
exception is that any leave which is paid out cannot be re-credited. 

14.4 Probationary Period 

14.4.1 A probationary period of 20 weeks shall apply to all new employees, except casuals. During 
this period, performance reviews will be conducted to provide feedback, and a performance 
appraisal will be conducted before the end of the probationary period. Satisfactory 
performance during a period of service under a fixed term/task contract or casual periods 
prior to commencement of ongoing employment (if this is offered by GEO and accepted), 
shall be included for the purposes of calculating any probationary period. 

14.4.2 Where a new employee has not met the required standards applicable to their classification 
during the probationary period, GEO may extend the probationary period for up to three 
months to ensure that the performance standards of GEO are met. During this extension, 
additional performance reviews, including performance feedback will be provided. 

14.4.3 The provision of a 20 week probationary period shall not affect or limit the minimum 
employment period applicable under the Act. 

15. TEMINATION OF EMPLOYMENT 

15.1 Notice of Termination by GEO 

15.1.1 In order to terminate an employee's employment other than a casual, GEO shall give the 
following notice: 

Period of Continuous Service Period of Notice 

Less than 1 year lweek 

1 year and less than 3 years 2 weeks 

3 years and less than 5 years 3 weeks 

5 years and over 4 weeks 

15.1.2 In addition to the notice in clause 15.1.1, an employee over 45 years of age at the time of 
the giving of notice with not less than 2 years continuous service, shall be entitled to 
additional notice of 1 week. 

FCC ENTERPRISE AGREEMENT 2020 VOTING VERSION Page 8 of 30 


....... ..... ........ 10. 13.5 Subject to operational requirements, Union delegates will be allowed to hold a "report- back" meeting with employees every three months to coincide with a pre-determined lock-down day. Such meeting shall not exceed thirty minutes in duration in the lock-down period. PART 3 - GEO'S AND EMPLOYEES' DUTIES, EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS 14. EMPLOYMENT CATEGORIES 14.1 Employees may be engaged on a full-time, part-time, casual or fixed task/term basis. 14.2 Employees seeking to amend their employment status from a permanent full-time or part- time role to casual employment shall give GEO notice of one full pay cycle. 14.3 Fixed Term/Task Employment 14.3.1 A fixed task/term employee is one whose contract of employment is expressed to be for a fixed task/term, or for the duration of a specific project or task. Fixed term/task employees will be employed as a full-time or part-time employee for that term or project, but clauses 15 and 16 will not apply. Each fixed task/term contract offered by GEO will be for a period not exceeding 12 months in duration. 14.3.2 GEO will recognise service for all purposes of a fixed term/task employee who is subsequently re-engaged provided any break in employment is not more than 3 months. An exception is that any leave which is paid out cannot be re-credited. 14.4 Probationary Period 14.4.1 A probationary period of 20 weeks shall apply to all new employees, except casuals. During this period, performance reviews will be conducted to provide feedback, and a performance appraisal will be conducted before the end of the probationary period. Satisfactory performance during a period of service under a fixed term/task contract or casual periods prior to commencement of ongoing employment (if this is offered by GEO and accepted), shall be included for the purposes of calculating any probationary period. 14.4.2 Where a new employee has not met the required standards applicable to their classification during the probationary period, GEO may extend the probationary period for up to three months to ensure that the performance standards of GEO are met. During this extension, additional performance reviews, including performance feedback will be provided. 14.4.3 The provision of a 20 week probationary period shall not affect or limit the minimum employment period applicable under the Act. 15. TEMINATION OF EMPLOYMENT 15.1 Notice of Termination by GEO 15.1.1 In order to terminate an employee's employment other than a casual, GEO shall give the following notice: Period of Continuous Service Period of Notice Less than 1 year 1week 1 year and less than 3 years 2 weeks 3 years and less than 5 years 3 weeks 5 years and over 4 weeks 15.1.2 In addition to the notice in clause 15.1.1, an employee over 45 years of age at the time of the giving of notice with not less than 2 years continuous service, shall be entitled to additional notice of 1 week. FCC ENTERPRISE AGREEMENT 2020 VOTING VERSION Page 8 of 30




 



15.2 Payment in Lieu of Notice 

15.2.1 Payment in lieu of notice as prescribed in clause 15.1 shall be made if the appropriate 
notice is not given, provided that employment may be terminated by part of the period of 
notice specified and part payment in lieu of notice. 

15.2.2 In calculating any payment in lieu of notice the wages to which an employee is entitled to 
receive in respect of the ordinary time the employee would have worked during the period 
of notice had the employee's employment not been terminated shall be used. 

15.3 Employees who are dismissed from employment shall receive all wages and leave entitlements by EFT 
as soon as practicable following return of all GEO property. 

15.4 The period of notice in this clause shall not apply in the case of dismissal for conduct that justifies 
summary dismissal. 

15.5 Notice of Termination by an Employee: 

15.5.1 In order for an employee to terminate his or her employment, the employee shall give GEO 
the same period of notice as set out in clause 15.1.1. 

15.6 Abandonment of Employment 

15.6.1 Prior to the commencement of abandonment of employment proceedings being 
implemented, the Company will make all reasonable attempts to contact the employee; and 

15.6.2 Notification to the employee that abandonment of employment action will not commence 
until 20 days of consecutive absence from the workplace, with the Company to provide 
notice in accordance with clause 15.1 (but subject to the further provisions in clause 15.2-

15.5). 

16. REDUNDANCY 

16.1 In the event of employment being terminated because of an employee's position being made 
redundant, payment will be calculated based on the roster most usually worked by the employee 
during the preceding 6 months, in accordance with the following conditions: 

Period of Continuous Service Severance Pay 
Less than 1 year Nil 
1 year but less than 2 years 4 weeks 
2 years but less than 3 years 6 weeks 
3 years but less than 4 years 7 weeks 
4 years but less than 5 years 8 weeks 
5 years but less than 6 years 10 weeks 
6 years but less than 7 years 11 weeks 
7 years but less than 8years 13 weeks 
8 years but less than 9 years 14 weeks 
9 years but less than 10years 16 weeks 
10 years and over 12 weeks 

16.2 Subject to an employee's suitability for other positions within the Company, GEO will provide assistance 
to the employee to make application and be considered for those positions either on a fulltime or 
redeployment basis. 

16.3. Employee leaving during notice period: If the Company terminates an Employee's employment by 
reason of redundancy during the Employee's period of notice, the Employee will still be entitled to the 
same severance pay as the Employee would have been entitled to if the Employee had worked out the 
period of notice. However should the Employee choose not to work out the notice period then they will 
not be entitled to payment for the period of notice that is not so worked. 

FCC ENTERPRISE AGREEMENT 2020 VOTING VERSION Page 9 of 30 


15.2 Payment in Lieu of Notice 15.2.1 Payment in lieu of notice as prescribed in clause 15.1 shall be made if the appropriate notice is not given, provided that employment may be terminated by part of the period of notice specified and part payment in lieu of notice. 15.2.2 In calculating any payment in lieu of notice the wages to which an employee is entitled to receive in respect of the ordinary time the employee would have worked during the period of notice had the employee's employment not been terminated shall be used. 15.3 Employees who are dismissed from employment shall receive all wages and leave entitlements by EFT as soon as practicable following return of all GEO property. 15.4 The period of notice in this clause shall not apply in the case of dismissal for conduct that justifies summary dismissal. 15.5 Notice of Termination by an Employee: 15.5.1 In order for an employee to terminate his or her employment, the employee shall give GEO the same period of notice as set out in clause 15.1.1. 15.6 Abandonment of Employment 15.6.1 Prior to the commencement of abandonment of employment proceedings being implemented, the Company will make all reasonable attempts to contact the employee; and 15.6.2 Notification to the employee that abandonment of employment action will not commence until 20 days of consecutive absence from the workplace, with the Company to provide notice in accordance with clause 15.1 (but subject to the further provisions in clause 15.2- 15.5). 16. REDUNDANCY 16.1 In the event of employment being terminated because of an employee's position being made redundant, payment will be calculated based on the roster most usually worked by the employee during the preceding 6 months, in accordance with the following conditions: Period of Continuous Service Severance Pay Less than 1 year Nil 1 year but less than 2 years 4 weeks 2 years but less than 3 years 6 weeks 3 years but less than 4 years 7 weeks 4 years but less than 5 years 8 weeks 5 years but less than 6 years 10 weeks 6 years but less than 7 years 11 weeks 7 years but less than 8years 13 weeks 8 years but less than 9 years 14 weeks 9 years but less than 10 years 16 weeks 10 years and over 12 weeks 16.2 Subject to an employee's suitability for other positions within the Company, GEO will provide assistance to the employee to make application and be considered for those positions either on a fulltime or redeployment basis. 16.3. Employee leaving during notice period: If the Company terminates an Employee's employment by reason of redundancy during the Employee's period of notice, the Employee will still be entitled to the same severance pay as the Employee would have been entitled to if the Employee had worked out the period of notice. However should the Employee choose not to work out the notice period then they will not be entitled to payment for the period of notice that is not so worked. FCC ENTERPRISE AGREEMENT 2020 VOTING VERSION Page 9 of 30




 



16.4. Alternative employment: Subject to an application by the Employer and further order of the Fair Work 
Commission (or such other relevant body substituted), the Employer may pay a lesser amount (or no 
amount) of severance pay than the amount provided for in this Clause 16.1, if the Employer obtains 
other acceptable employment or an offer of other acceptable employment for an Employee and the 
Employee accepts or rejects same. 

16.4.1 For the purposes of this clause 16.4 other acceptable employment is on-going employment in 
the same occupation (or another occupation acceptable to the employee) on the same or no 
less favourable rate of pay and taking into account the number of ordinary hours worked by 
the Employee with the Company, and is a reasonable distance from the affected Employee's 
current work location. 

16.5. Employment by a successor or transferee: Subject to the requirements of the Act, if a successor or 
transferee of the Employer's business employs a transferring Employee, the Employer does not have to 
pay the Employee notice or severance pay. This provision shall operate in good faith and the Employee 
shall not receive a severance payment from the Employer and then take up employment with any 
successor or transferee of the Employer's business within 3 months of the date of any severance 
payment. 

16.6. Transfer to lower paid duties: Where an Employee is transferred to lower paid duties following the 
redundancy of their job, the Employee shall be entitled to the same period of notice of transfer as the 
Employee would have been entitled to if the Employee's employment had been terminated, and the 
Employer may at the Employer's option make payment in lieu thereof of an amount equal to the 
difference between the former ordinary time rate of pay and the new ordinary time rates of pay for the 
number of weeks of notice still owing. No severance is payable in such circumstances. 

16.7. Some Employees exempted: These redundancy provisions will not apply, and the Employee is not 
entitled to a severance payout, where the employment is terminated for conduct justifying summary 
dismissal or where the Employee is employed as a Casual Employee or as a Fixed Term/Task Employee. 

16.8. Incapacity to pay: Upon an application by the Employer and further order of the Fair Work Commission 
(or such other relevant body substituted), the Employer may pay a lesser amount (or no amount) of 
severance pay than the amount provided for in this Clause 16.1. Subject to the Act, in considering any 
such application, the Fair Work Commission shall have regard to such financial and other resources of 
the Company as it considers relevant, and the probable effect paying the amount of severance pay will 
have on the Employer. 

17. OUTSIDE EMPLOYMENT 

17.l It is a condition of this Agreement that employment with GEO is the primary form of employment for 
full-time, part-time and fixed task/term employees, and that employees shall not engage in external 
employment unless written permission has first been obtained from the General Manager at the 
Fulham Correctional Centre. 

18. FLEXIBILITY ARRANGEMENTS 

18.1 GEO and an employee covered by this Agreement may agree to make an individual flexibility 
arrangement to vary the effect of terms of the Agreement if: 

18.1.1 The Agreement deals with the following matter: 

a) Purchased Leave 

18.1.2 The arrangement meets the genuine needs of GEO and the employee in relation to the 
matter mentioned in clause 18.1.1; and 

18.1.3 The arrangement is genuinely agreed to by GEO and the employee. 

18.2 GEO must ensure that the terms of the individual flexibility arrangement: 

18.2.1 Are about permitted matters under section 172 of the Act; and 

FCC ENTERPRISE AGREEMENT 2020 VOTING VERSION Page 10 of 30 


16.4. Alternative employment: Subject to an application by the Employer and further order of the Fair Work Commission (or such other relevant body substituted), the Employer may pay a lesser amount (or no amount) of severance pay than the amount provided for in this Clause 16.1, if the Employer obtains other acceptable employment or an offer of other acceptable employment for an Employee and the Employee accepts or rejects same. 16.4.1 For the purposes of this clause 16.4 other acceptable employment is on-going employment in the same occupation (or another occupation acceptable to the employee) on the same or no less favourable rate of pay and taking into account the number of ordinary hours worked by the Employee with the Company, and is a reasonable distance from the affected Employee's current work location. 16.5. Employment by a successor or transferee: Subject to the requirements of the Act, if a successor or transferee of the Employer's business employs a transferring Employee, the Employer does not have to pay the Employee notice or severance pay. This provision shall operate in good faith and the Employee shall not receive a severance payment from the Employer and then take up employment with any successor or transferee of the Employer's business within 3 months of the date of any severance payment. 16.6. Transfer to lower paid duties: Where an Employee is transferred to lower paid duties following the redundancy of their job, the Employee shall be entitled to the same period of notice of transfer as the Employee would have been entitled to if the Employee's employment had been terminated, and the Employer may at the Employer's option make payment in lieu thereof of an amount equal to the difference between the former ordinary time rate of pay and the new ordinary time rates of pay for the number of weeks of notice still owing. No severance is payable in such circumstances. 16.7. Some Employees exempted: These redundancy provisions will not apply, and the Employee is not entitled to a severance payout, where the employment is terminated for conduct justifying summary dismissal or where the Employee is employed as a Casual Employee or as a Fixed Term/Task Employee. 16.8. Incapacity to pay: Upon an application by the Employer and further order of the Fair Work Commission (or such other relevant body substituted), the Employer may pay a lesser amount (or no amount) of severance pay than the amount provided for in this Clause 16.1. Subject to the Act, in considering any such application, the Fair Work Commission shall have regard to such financial and other resources of the Company as it considers relevant, and the probable effect paying the amount of severance pay will have on the Employer. 17. OUTSIDE EMPLOYMENT 17.1 It is a condition of this Agreement that employment with GEO is the primary form of employment for full-time, part-time and fixed task/term employees, and that employees shall not engage in external employment unless written permission has first been obtained from the General Manager at the Fulham Correctional Centre. 18. FLEXIBILITY ARRANGEMENTS 18.1 GEO and an employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement if: 18.1.1 The Agreement deals with the following matter: a) Purchased Leave 18.1.2 The arrangement meets the genuine needs of GEO and the employee in relation to the matter mentioned in clause 18.1.1; and 18.1.3 The arrangement is genuinely agreed to by GEO and the employee. 18.2 GEO must ensure that the terms of the individual flexibility arrangement: 18.2.1 Are about permitted matters under section 172 of the Act; and FCC ENTERPRISE AGREEMENT 2020 VOTING VERSION Page 10 of 30




 



18.2.2 Are not unlawful terms under section 194 of the Act; and 

18.2.3 Result in the employee being better off overall than the employee would be if no 
arrangement was made. 

18.3 GEO must ensure that the individual flexibility arrangement: 

18.3.1 is in writing; and 

18.3.2 includes the name of GEO and the employee: and 

18.3.3 is signed by an authorised representative of GEO and the employee and if the employee is 
under 18 years of age, signed by a parent or guardian of the employee; and 

18.3.4 includes details of: 

a) the terms of the Agreement that will be varied by the arrangement; and 

b) how the arrangement will vary the effect of the terms; and 

c) how the employee will be better off overall in relation to the terms and conditions of 

his or her employment as a result of the arrangement; and 

d) states the date on which the arrangement commences. 

18.4 GEO must give the employee a copy of the individual flexibility arrangement within 14 days after it is 
agreed to. 

18.5 GEO or the employee may terminate the individual flexibility arrangement: 

18.5.1 By giving no more than 28 days written notice to the other party to the arrangement; or 

18.5.2 If GEO and the employee agree in writing - at any time. 

19. STAFFING LEVELS 

19.1 Staffing Level Review: 

19.1.1 Within six months of the approval of this Agreement by the Fair Work Commission, a review of 
staffing levels at Fulham Correctional Centre, will be conducted through the JWCC. 

19.1.2 The JWCC review shall consider staffing levels within the context of the correctional environment, 
having regard to: 

a) safety and security; 

b) employee wellbeing and workloads; 

c) operational requirements; 

d) the physical structure and layout of the Centre; and 

e) contractual obligations 

19.1.3 The JWCC may seek the assistance of suitably qualified and independent correctional experts to 
inform the JWCC, if required to address a specific issue and where approved by the General 
Manager. 

19.1.4 The JWCC will provide ongoing monitoring and feedback in relation to its staffing level review, and 

FCC ENTERPRISE AGREEMENT 2020 VOTING VERSION Page 11 of 30 


18.2.2 Are not unlawful terms under section 194 of the Act; and 18.2.3 Result in the employee being better off overall than the employee would be if no arrangement was made. 18.3 GEO must ensure that the individual flexibility arrangement: 18.3.1 is in writing; and 18.3.2 includes the name of GEO and the employee: and 18.3.3 is signed by an authorised representative of GEO and the employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and 18.3.4 includes details of: a) the terms of the Agreement that will be varied by the arrangement; and b) how the arrangement will vary the effect of the terms; and c) how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and d) states the date on which the arrangement commences. 18.4 GEO must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 18.5 GEO or the employee may terminate the individual flexibility arrangement: 18.5.1 By giving no more than 28 days written notice to the other party to the arrangement; or 18.5.2 If GEO and the employee agree in writing - at any time. 19. STAFFING LEVELS 19.1 Staffing Level Review: 19.1.1 Within six months of the approval of this Agreement by the Fair Work Commission, a review of staffing levels at Fulham Correctional Centre, will be conducted through the JWCC. 19.1.2 The JWCC review shall consider staffing levels within the context of the correctional environment, having regard to: a) safety and security; b) employee wellbeing and workloads; c) operational requirements; d) the physical structure and layout of the Centre; and e) contractual obligations 19.1.3 The JWCC may seek the assistance of suitably qualified and independent correctional experts to inform the JWCC, if required to address a specific issue and where approved by the General Manager. 19.1.4 The JWCC will provide ongoing monitoring and feedback in relation to its staffing level review, and FCC ENTERPRISE AGREEMENT 2020 VOTING VERSION Page 11 of 30




 



19.1.S 

at its conclusion provide its findings and recommendations to the General Manager. 

The parties to this Agreement will discuss the findings and recommendations of the JWCC, and 
subject to the approval of the General Manager, any agreed actions will be implemented. The 
parties acknowledge and accept GEO's contractual obligation to manage the Centre, and that the 
General Manager is otherwise responsible for staffing levels. 

PART 4 - WAGES AND RELATED MATTERS 

20. CLASSIFICATIONS 

20.1 Classifications - Custodial Staff 

Trainee Correctional Officer 

20.1.1 Refers to an employee who meets the qualifications of GEO and the Department of Justice, 
Victoria, for employment as a Trainee Correctional Officer, who is directly employed by GEO 
for a period of not less than 240 hours pre-service training. 

Correctional Officer 

20.1.2 

20.1.3 

20.1.4 

Refers to an employee who has fulfilled the training requirements set down for Trainee 
Correctional Officer, or who has been assessed through the GEO Recognition of Prior 
Learning (RPL) program. 

A full-time employee within this classification will be required to complete Certificate Ill in 
Correctional Practice within 12 months of engagement. A part-time/casual employee will be 
required to complete Certificate Ill in Correctional Practice within the pro-rata equivalent of 
12 months of full-time service with GEO. 

Progression from Correctional Officer Year One (1) to Correctional Officer Year Two (2) is 
based on completion of a year of service as a Correctional Officer Year One (1), or 2184 
hours service in the case of casuals, and satisfactory performance appraisals. 

Correctional Supervisor 

20.1.S 

20.1.6 

20.1.7 

Refers to an employee who has fulfilled the training and experience requirements set down 
for Correctional Officer. In the case of employees who, upon engagement, hold acceptable 
qualifications and have suitable experience, the requirements to firstly serve as a 
Correctional Officer may be waived at the discretion of GEO. As a supervisory position, 
Correctional Supervisors are required to provide leadership and direction to staff, provide 
advice and consultation to Centre management on functional responsibility issues, provide 
prompt feedback to staff (including performance management, if required) and 
demonstrate people management skills including coaching and mentoring staff, effective 
conflict resolution, change management and effective time and planning management. 
Correctional Supervisors will supervise staff so that quality services are provided to 
prisoners including case management, actively participating in operations and determining 
priorities in accordance with the Centre's structured day. Correctional Supervisors are 
required to work in locations in the Centre as required. 

As this is an appointed position subject to vacancy being available, merit selection 
addressing the key selection criteria and an interview process is required to be appointed to 
this role. It is not subject to automatic advancement from Correctional Officer. 

A fulltime employee within this classification will be required to have completed Certificate 
Ill in Correctional Practice and be required to complete Certificate IV in Correctional 
Practice. The Employee shall commence Certificate IV in Corr.ectional Practice as soon as 
practicable following appointment as a Supervisor (or approval of this Agreement, 
whichever is the later) and must be completed within 12 months of commencement. 

FCC ENTERPRISE AGREEMENT 2020 VOTING VERSION Page 12 of 30 


at its conclusion provide its findings and recommendations to the General Manager. 19.1.5 The parties to this Agreement will discuss the findings and recommendations of the JWCC, and subject to the approval of the General Manager, any agreed actions will be implemented. The parties acknowledge and accept GEO's contractual obligation to manage the Centre, and that the General Manager is otherwise responsible for staffing levels. PART 4 - WAGES AND RELATED MATTERS 20. CLASSIFICATIONS 20.1 Classifications - Custodial Staff Trainee Correctional Officer 20.1.1 Refers to an employee who meets the qualifications of GEO and the Department of Justice, Victoria, for employment as a Trainee Correctional Officer, who is directly employed by GEO for a period of not less than 240 hours pre-service training. Correctional Officer 20.1.2 Refers to an employee who has fulfilled the training requirements set down for Trainee Correctional Officer, or who has been assessed through the GEO Recognition of Prior Learning (RPL) program. 20.1.3 A full-time employee within this classification will be required to complete Certificate Ill in Correctional Practice within 12 months of engagement. A part-time/casual employee will be required to complete Certificate III in Correctional Practice within the pro-rata equivalent of 12 months of full-time service with GEO. 20.1.4 Progression from Correctional Officer Year One (1) to Correctional Officer Year Two (2) is based on completion of a year of service as a Correctional Officer Year One (1), or 2184 hours service in the case of casuals, and satisfactory performance appraisals. Correctional Supervisor 20.1.5 Refers to an employee who has fulfilled the training and experience requirements set down for Correctional Officer. In the case of employees who, upon engagement, hold acceptable qualifications and have suitable experience, the requirements to firstly serve as a Correctional Officer may be waived at the discretion of GEO. As a supervisory position, Correctional Supervisors are required to provide leadership and direction to staff, provide advice and consultation to Centre management on functional responsibility issues, provide prompt feedback to staff (including performance management, if required) and demonstrate people management skills including coaching and mentoring staff, effective conflict resolution, change management and effective time and planning management. Correctional Supervisors will supervise staff so that quality services are provided to prisoners including case management, actively participating in operations and determining priorities in accordance with the Centre's structured day. Correctional Supervisors are required to work in locations in the Centre as required. 20.1.6 As this is an appointed position subject to vacancy being available, merit selection addressing the key selection criteria and an interview process is required to be appointed to this role. It is not subject to automatic advancement from Correctional Officer. 20.1.7 A fulltime employee within this classification will be required to have completed Certificate III in Correctional Practice and be required to complete Certificate IV in Correctional Practice. The Employee shall commence Certificate IV in Correctional Practice as soon as practicable following appointment as a Supervisor (or approval of this Agreement, whichever is the later) and must be completed within 12 months of commencement. FCC ENTERPRISE AGREEMENT 2020 VOTING VERSION Page 12 of 30




 



20.1.8 Progression from Correctional Supervisor Year One (1) to Correctional Supervisor Year Two 
(2) is based on the completion of a year of service at Year One (1) and satisfactory work 
appraisals. 

20.2 Classifications - Catering Staff 

Catering Officer 

20.2.1 Refers to an employee who has fulfilled the appropriate trade qualifications set down for a 
Catering Officer. All employees within this classification, except casuals, will serve a 3 
months probationary period from the commencement of taking up this classification in 
accordance with clause 14.4 of this agreement. 

20.2.2 Catering Officers have the opportunity to progress to Catering Supervisor where a vacancy 
occurs. Selection will be based on merit. 

Catering Supervisor 

20.2.3 Refers to an employee who has fulfilled the training and experience requirements set down 
for a Catering Officer. In the case of employees who, upon engagement, hold acceptable 
qualifications and have suitable experience, the requirements to firstly serve as a Catering 
Officer may be waived at the discretion of GEO. 

21. ALLOWANCES 

I.R.C. Wellington Unit 

21.1 The Employer agrees to pay three percent (3%) allowance to staff employed in the Intensive 
Resettlement Community (IRC), (Wellington Unit), under the following conditions: 

21.1.1 The employee is contracted to work in the IRC under the terms and conditions of this 
agreement; and 

21.1.2 Corrections Victoria agree to the continuance of the IRC and continue to provide funding of 
the three percent (3%) amount. 

21.2 Three percent (3%) allowance is payable to staff employed in the IRC in the following circumstances: 

21.2.1 If three (3) shifts are worked in the Wellington Unit within a seven (7) day period, and are 
involved in the philosophy of the unit, and 

21.2.2 The minimum of three (3) shifts are day shifts. 

Dog Handlers 

21.3 Employees who are accredited as Dog Handlers and who are required to perform the duties of a Dog 
Handler, shall be entitled to an allowance equal to ten percent (10%) of the annualised wage as a Dog 
Handlers Allowance, taking into consideration off duty responsibilities carried out by the Dog Handlers 
including training, exercise and grooming of the dog. This allowance shall be payable in fortnightly 
instalments and is only payable while the employee is appointed to the role, and carrying out the duties 
of a Dog Handler. 

21.4 The allowance payable under the above clause will apply during a period of annual leave of an eligible 
employee. 

Trainer/Facilitator 

21.5 This is an employee who holds a current recognised certification in Training and Assessment and who 

FCC ENTERPRISE AGREEMENT 2020 VOTING VERSION Page 13 of 30 


20.1.8 Progression from Correctional Supervisor Year One (1) to Correctional Supervisor Year Two (2) is based on the completion of a year of service at Year One (1) and satisfactory work appraisals. 20.2 Classifications - Catering Staff Catering Officer 20.2.1 Refers to an employee who has fulfilled the appropriate trade qualifications set down for a Catering Officer. All employees within this classification, except casuals, will serve a 3 months probationary period from the commencement of taking up this classification in accordance with clause 14.4 of this agreement. 20.2.2 Catering Officers have the opportunity to progress to Catering Supervisor where a vacancy occurs. Selection will be based on merit. Catering Supervisor 20.2.3 Refers to an employee who has fulfilled the training and experience requirements set down for a Catering Officer. In the case of employees who, upon engagement, hold acceptable qualifications and have suitable experience, the requirements to firstly serve as a Catering Officer may be waived at the discretion of GEO. 21. ALLOWANCES I.R.C. Wellington Unit 21.1 The Employer agrees to pay three percent (3%) allowance to staff employed in the Intensive Resettlement Community (IRC), (Wellington Unit), under the following conditions: 21.1.1 The employee is contracted to work in the IRC under the terms and conditions of this agreement; and 21.1.2 Corrections Victoria agree to the continuance of the IRC and continue to provide funding of the three percent (3%) amount. 21.2 Three percent (3%) allowance is payable to staff employed in the IRC in the following circumstances: 21.2.1 If three (3) shifts are worked in the Wellington Unit within a seven (7) day period, and are involved in the philosophy of the unit, and 21.2.2 The minimum of three (3) shifts are day shifts. Dog Handlers 21.3 Employees who are accredited as Dog Handlers and who are required to perform the duties of a Dog Handler, shall be entitled to an allowance equal to ten percent (10%) of the annualised wage as a Dog Handlers Allowance, taking into consideration off duty responsibilities carried out by the Dog Handlers including training, exercise and grooming of the dog. This allowance shall be payable in fortnightly instalments and is only payable while the employee is appointed to the role, and carrying out the duties of a Dog Handler. 21.4 The allowance payable under the above clause will apply during a period of annual leave of an eligible employee. Trainer/Facilitator 21.5 This is an employee who holds a current recognised certification in Training and Assessment and who FCC ENTERPRISE AGREEMENT 2020 VOTING VERSION Page 13 of 30




 



facilitates authorised training of other GEO employees. Such an employee will receive a skills allowance 
of five percent (5%) of the employee's hourly rate for each occasion that the employee is required to 
utilise this skill for not less than one (1) hour at a time. 

Fire Awareness Officer 

21.6 This is an employee who is appropriately trained and utilises the skill to ensure the Centre's firefighting 
and breathing apparatus are satisfactorily maintained against industry standards. Such an employee 
will receive a skills allowance of five percent (5%) of the employee's hourly rate for each occasion that 
the employee is required to utilise these skills for not less than four (4) hours at a time. 

Higher Duties 

21.7 Where an employee is called upon to perform work for which a higher rate of pay is fixed by this 
agreement, they shall be paid at the higher rate whilst so engaged. 

22. PAYMENT OF WAGES 

22.1 Employees in the classifications set out above, irrespective of age, shall be paid not less than the 
relevant base rates of pay set out in Schedule 1 to this Agreement. 

22.2 The base rates of pay provided for is in full consideration of all the requirements of the position in 
respect of conditions, hours of work, annual leave loading, public holidays, extended hours and times of 
employment (penalty and shift allowances), except where otherwise provided in this Agreement. 

22.3 Wages will be paid fortnightly by electronic funds transfer (EFT) on a day determined by GEO. 

22.3.1 

22.3.2 

GEO will pay any late or dishonour fees incurred by an employee when pays are processed 
late and when the employee produces evidence of a dishonour fee being incurred. 

In all cases of under and over payments, the Company will consult with the employee as 
soon as the under, or over, payment is identified. Unless otherwise agreed between the 
parties, the following system of repayment will prevail: 

a) Where underpayments are made, the Company will correct the payment by the end of 

the week of payment, or no later than the next pay cycle. 

b) Where over payments are made and determined to be a one off error, the employee 

undertakes to refund the money by the end of the week of payment, or no later than 

the next pay cycle. 

c) Where this does not occur, the Company will adjust the employees' wages in the next 

pay cycle by the amount of the over payment. 

d) Where an ongoing long-term error in over payment is identified, the Company will 

recover the amount over a reasonable period of time in consultation with the 

employee. This will take no longer than 26 weeks from the time the error is identified. 

The Company will consider all petitions of financial hardship presented by any 

employee who may be subject to an over payment over a long period of time. 

22.4 The number of ordinary hours worked in each fortnight of a four week cycle may differ. GEO shall make 
equal fortnightly wages payments based on the total of the payments due for the four week cycle. 

22.5 Pay in Advance 

22.5.1 The Employer does not presently facilitate automatic requests for pay in advance 
circumstances. 

FCC ENTERPRISE AGREEMENT 2020 VOTING VERSION Page 14 of 30 


facilitates authorised training of other GEO employees. Such an employee will receive a skills allowance of five percent (5%) of the employee's hourly rate for each occasion that the employee is required to utilise this skill for not less than one (1) hour at a time. Fire Awareness Officer 21.6 This is an employee who is appropriately trained and utilises the skill to ensure the Centre's firefighting and breathing apparatus are satisfactorily maintained against industry standards. Such an employee will receive a skills allowance of five percent (5%) of the employee's hourly rate for each occasion that the employee is required to utilise these skills for not less than four (4) hours at a time. Higher Duties 21.7 Where an employee is called upon to perform work for which a higher rate of pay is fixed by this agreement, they shall be paid at the higher rate whilst so engaged. 22. PAYMENT OF WAGES 22.1 Employees in the classifications set out above, irrespective of age, shall be paid not less than the relevant base rates of pay set out in Schedule 1 to this Agreement. 22.2 The base rates of pay provided for is in full consideration of all the requirements of the position in respect of conditions, hours of work, annual leave loading, public holidays, extended hours and times of employment (penalty and shift allowances), except where otherwise provided in this Agreement. 22.3 Wages will be paid fortnightly by electronic funds transfer (EFT) on a day determined by GEO. 22.3.1 GEO will pay any late or dishonour fees incurred by an employee when pays are processed late and when the employee produces evidence of a dishonour fee being incurred. 22.3.2 In all cases of under and over payments, the Company will consult with the employee as soon as the under, or over, payment is identified. Unless otherwise agreed between the parties, the following system of repayment will prevail: a) Where underpayments are made, the Company will correct the payment by the end of the week of payment, or no later than the next pay cycle. b) Where over payments are made and determined to be a one off error, the employee undertakes to refund the money by the end of the week of payment, or no later than the next pay cycle. c) Where this does not occur, the Company will adjust the employees' wages in the next pay cycle by the amount of the over payment. d) Where an ongoing long-term error in over payment is identified, the Company will recover the amount over a reasonable period of time in consultation with the employee. This will take no longer than 26 weeks from the time the error is identified. The Company will consider all petitions of financial hardship presented by any employee who may be subject to an over payment over a long period of time. 22.4 The number of ordinary hours worked in each fortnight of a four week cycle may differ. GEO shall make equal fortnightly wages payments based on the total of the payments due for the four week cycle. 22.5 Pay in Advance 22.5.1 The Employer does not presently facilitate automatic requests for pay in advance circumstances. FCC ENTERPRISE AGREEMENT 2020 VOTING VERSION Page 14 of 30




 



22.5.2 Where exceptional circumstances exist, the Employer will consider any written request for 
the advance payment of wages on a case-by-case basis. 

22.6 Rates of Pay 

22.6.1 

22.6.2 

The rates of pay for employees covered by this Agreement and dates of effect for same are 
as set out in the table appearing at Schedule 1 to this Agreement: 

Unless separately provided for in this Agreement, allowances will increase by the same 
annual percentage amount and dates of effect as for wages increases. 

23. SUPERANNUATION 

23.1 GEO will calculate employer superannuation contributions on Ordinary Time Earnings (OTE) in 
accordance with the Superannuation Guarantee (Administration) Act 1992 (Cth). Future increases in 
the Superannuation percentage will not be absorbed in uplifts relevant to this Agreement. 

23.2 In the first instance and where no other fund is nominated by an employee covered by this Agreement, 
GEO will remit to the Australian Superannuation Fund. Where an employee has nominated another 
fund under choice of superannuation fund legislation, GEO will remit to that nominated fund subject to 
being an approved fund under relevant superannuation legislation and that it will receive contributions 
via EFT only. 

24. SALARY DEDUCTIONS AND SALARY SACRIFICE 

24.1 If requested in writing by an employee, other than a casual employee, and agreed by the Employer, the 
Employer will make one or more deductions from an employee's wages and remit them as requested 
by the employee. 

24.2 The Employer will allow salary sacrificing of superannuation contributions in accordance with GEO's 
Corporate Policies and Procedures Manual. 

24.3 The Employer will allow employees to direct amounts representing leave entitlements "cashed-in" 
pursuant to clause 31 to be applied as superannuation contributions in the same manner as the salary 
sacrificing of superannuation contributions referred to in clause 24.2. 

24.4 Where the Employer is assessed as liable to pay Fringe Benefits Tax (FBT) for any item the subject of 
salary sacrifice, the employee will reimburse the Employer for the amount of the FBT incurred, upon 
demand by the Employer. 

PART 5 • HOURS OF WORK, BREAKS, OVERTIME AND NOTIFICATION OF SHIFTS 

25. HOURS OF WORK 

25.1 Total Full-time Working Hours 

25.1.1 

25.1.2 

25.1.3 

GEO's usual operational requirements are to operate 24 hours a day for seven days per 
week. 

The structuring of hours may vary depending upon operational needs and will normally 
consist of the following patterns: 

a) Day work 

b) Shift work (rotating or non-rotatihg). 

Rostered hours of work for full-time correctional staff covered under this Agreement will be 
168 hours per four week roster cycle, including paid meal breaks, but shall not exceed 12 
consecutive hours in any 24 hour period. Except in emergency situations, no employee will 
be required to work more than four consecutive 12 hour shifts in an average 42 hour week. 

FCC ENTERPRISE AGREEMENT 2020 VOTING VERSION Page 15 of 30 


22.5.2 Where exceptional circumstances exist, the Employer will consider any written request for the advance payment of wages on a case-by-case basis 22.6 Rates of Pay 22.6.1 The rates of pay for employees covered by this Agreement and dates of effect for same are as set out in the table appearing at Schedule 1 to this Agreement: 22.6.2 Unless separately provided for in this Agreement, allowances will increase by the same annual percentage amount and dates of effect as for wages increases. 23. SUPERANNUATION 23.1 GEO will calculate employer superannuation contributions on Ordinary Time Earnings (OTE) in accordance with the Superannuation Guarantee (Administration) Act 1992 (Cth). Future increases in the Superannuation percentage will not be absorbed in uplifts relevant to this Agreement. 23.2 In the first instance and where no other fund is nominated by an employee covered by this Agreement, GEO will remit to the Australian Superannuation Fund. Where an employee has nominated another fund under choice of superannuation fund legislation, GEO will remit to that nominated fund subject to being an approved fund under relevant superannuation legislation and that it will receive contributions via EFT only. 24. SALARY DEDUCTIONS AND SALARY SACRIFICE 24.1 If requested in writing by an employee, other than a casual employee, and agreed by the Employer, the Employer will make one or more deductions from an employee's wages and remit them as requested by the employee. 24.2 The Employer will allow salary sacrificing of superannuation contributions in accordance with GEO's Corporate Policies and Procedures Manual. 24.3 The Employer will allow employees to direct amounts representing leave entitlements "cashed-in" pursuant to clause 31 to be applied as superannuation contributions in the same manner as the salary sacrificing of superannuation contributions referred to in clause 24.2. 24.4 Where the Employer is assessed as liable to pay Fringe Benefits Tax (FBT) for any item the subject of salary sacrifice, the employee will reimburse the Employer for the amount of the FBT incurred, upon demand by the Employer. PART 5 - HOURS OF WORK, BREAKS, OVERTIME AND NOTIFICATION OF SHIFTS 25. HOURS OF WORK ....................... 25.1 Total Full-time Working Hours 25.1.1 GEO's usual operational requirements are to operate 24 hours a day for seven days per week. 25.1.2 The structuring of hours may vary depending upon operational needs and will normally consist of the following patterns: a) Day work b) Shift work (rotating or non-rotating). 25.1.3 Rostered hours of work for full-time correctional staff covered under this Agreement will be 168 hours per four week roster cycle, including paid meal breaks, but shall not exceed 12 consecutive hours in any 24 hour period. Except in emergency situations, no employee will be required to work more than four consecutive 12 hour shifts in an average 42 hour week. FCC ENTERPRISE AGREEMENT 2020 VOTING VERSION Page 15 of 30




 



25.1.4 

25.1.5 

Rostered hours of work for full-time catering staff covered under this Agreement will be 160 
hours per four week roster cycle, including paid meal breaks, but shall not exceed 11.5 
consecutive hours in any 24 hour period. Except in emergency situations, no employee will 
be required to work more than four consecutive 11.5 hour shifts in an average 40 hour 
week. 

Normal hours will be rostered and may be worked on any or all days of the week including 
Saturdays, Sundays and Public Holidays other than as specified in any other part of this 
Agreement. 

Part-time Employment 

25.2 A part-time employee will be employed up to that provided at clauses 25.1.3 and 25.1.4. Any additional 
hours, above that provided at clauses 25.1.3 or 25.1.4, will be subject to that provided in clause 27 of 
this Agreement (Overtime). 

25.3 Part time employees shall be entitled to the benefit of the leave provisions in this Agreement on a pro­
rata basis. 

25.4 On a case by case basis, and subject to operational requirements, an employee may request to be 
transferred to a part time role. 

25.5 The times at which each part-time employee shall start and finish work, and the days of work, shall be 
determined by GEO. 

25.5.1 

25.5.2 

A part-time correctional employee will be entitled to overtime only after they have worked 
more than 168 rostered hours, including any paid meal breaks, in each cycle of 4 
consecutive weeks or has worked more than 12 ordinary hours in any one day. 

A part-time catering employee will be entitled to overtime only after they have worked 
more than 160 rostered hours, including any paid meal breaks, in each cycle of 4 
consecutive weeks or has worked more than 11.5 ordinary hours in any one day. 

Fixed Task & Fixed Term Employment 

25.6 Where necessary the Employer may offer part-time and/or casual staff with fixed task or fixed term 
positions to fill additional staffing requirements that may arise from time to time. 

25.7 For planned absences (e.g. Annual, Maternity and Long Service Leave) in excess of four weeks, the 
replacement officer will be offered a fixed-task, or fixed-term employment contract, thereby attracting 
normal leave accrual provisions. 

Casual Employment 

25.8 Casual employees shall be paid the hourly rate set out in Schedule 1 to this Agreement and those rates 
include any entitlement of the employee to a casual loading (of 25%). 

25.9 A casual employee shall not be entitled to leave under Part 6 of this Agreement unless specifically 
stated, or provided for in relevant legislation the benefit of provisions relating to notice or redundancy. 

25.10 A casual employee shall be entitled to a minimum of four (4) ordinary hours' payment at the relevant 
rate set out in Schedule 1 to this Agreement. 

25.11 A casual correctional employee will be entitled to overtime provided they have worked more than 12 
ordinary hours in any one shift, or more than 168 rostered hours, including any paid meal breaks, in a 
cycle of 4 consecutive weeks. 

25.12 A casual catering employee will be entitled to overtime provided they have worked more than 11.5 
ordinary hours in any one shift, or more than 160 rostered hours, including any paid meal breaks, in a 
cycle of 4 consecutive weeks. 

FCC ENTERPRISE AGREEMENT 2020 VOTING VERSION Page 16 of 30 


25.1.4 Rostered hours of work for full-time catering staff covered under this Agreement will be 160 hours per four week roster cycle, including paid meal breaks, but shall not exceed 11.5 consecutive hours in any 24 hour period. Except in emergency situations, no employee will be required to work more than four consecutive 11.5 hour shifts in an average 40 hour week. 25.1.5 Normal hours will be rostered and may be worked on any or all days of the week including Saturdays, Sundays and Public Holidays other than as specified in any other part of this Agreement. Part-time Employment 25.2 A part-time employee will be employed up to that provided at clauses 25.1.3 and 25.1.4. Any additional hours, above that provided at clauses 25.1.3 or 25.1.4, will be subject to that provided in clause 27 of this Agreement (Overtime). 25.3 Part time employees shall be entitled to the benefit of the leave provisions in this Agreement on a pro- rata basis. 25.4 On a case by case basis, and subject to operational requirements, an employee may request to be transferred to a part time role. 25.5 The times at which each part-time employee shall start and finish work, and the days of work, shall be determined by GEO. 25.5.1 A part-time correctional employee will be entitled to overtime only after they have worked more than 168 rostered hours, including any paid meal breaks, in each cycle of 4 consecutive weeks or has worked more than 12 ordinary hours in any one day. 25.5.2 A part-time catering employee will be entitled to overtime only after they have worked more than 160 rostered hours, including any paid meal breaks, in each cycle of 4 consecutive weeks or has worked more than 11.5 ordinary hours in any one day. Fixed Task & Fixed Term Employment 25.6 Where necessary the Employer may offer part-time and/or casual staff with fixed task or fixed term positions to fill additional staffing requirements that may arise from time to time 25.7 For planned absences (e.g. Annual, Maternity and Long Service Leave) in excess of four weeks, the replacement officer will be offered a fixed-task, or fixed-term employment contract, thereby attracting normal leave accrual provisions. Casual Employment 25.8 Casual employees shall be paid the hourly rate set out in Schedule 1 to this Agreement and those rates include any entitlement of the employee to a casual loading (of 25%). 25.9 A casual employee shall not be entitled to leave under Part 6 of this Agreement unless specifically stated, or provided for in relevant legislation the benefit of provisions relating to notice or redundancy. 25.10 A casual employee shall be entitled to a minimum of four (4) ordinary hours' payment at the relevant rate set out in Schedule 1 to this Agreement. 25.11 A casual correctional employee will be entitled to overtime provided they have worked more than 12 ordinary hours in any one shift, or more than 168 rostered hours, including any paid meal breaks, in a cycle of 4 consecutive weeks 25.12 A casual catering employee will be entitled to overtime provided they have worked more than 11.5 ordinary hours in any one shift, or more than 160 rostered hours, including any paid meal breaks, in a cycle of 4 consecutive weeks. FCC ENTERPRISE AGREEMENT 2020 VOTING VERSION Page 16 of 30




 



25.13 Normal hours will be rostered and may be worked on any or all days of the week including Saturdays, 
Sundays and Public Holidays other than as specified in any other part of this Agreement. 

25.14 Casual employees who have a shift cancelled by the Employer with less than 12 hours1 notice will be 
compensated by payment of twenty five percent (25%) of the value of the shift. 

25.15 Casual staff who are notified of a shift with less than three (3) hours1 notice will be paid from the 
nominal commencement of the shift, provided they arrive at work within one (1) hour of the 
commencement of that shift. 

25.16 Casual employees may apply for conversion to full time or part time employment in accordance with 
the further provisions of Schedule 2, Right to Request Casual Conversion, to this Agreement. 

26. BREAKS AND OTHER ALLOWANCES 

26.1 Employees shall be allowed a paid meal break of not less than half an hour or more than one hour. Such 
meal break shall commence not later than five hours, or such longer time as is reasonably necessary to 
meet operational requirements, after the commencement of each work period or shift. 

26.2 An employee shall be permitted a 10 minute break in the first and last half of each shift at a time 
nominated by the Employer for tea breaks. Such breaks shall be without deduction of pay if taken at 
the workplace or other place nominated by the Employer. Provided that an employee engaged to work 
for a period of 4 hours or less shall not be entitled to the benefits of this clause. 

26.3 Meal Allowance: 

26.3.1 If required by GEO to take a meal break at a post, employees shall be provided with a meal 
by GEO; or 

26.3.2 The employee shall provide their own meals or may receive a meal provided by GEO at a 
cost prescribed by GEO from time to time. 

26.3.3 If required to perform overtime duty for more than 30 minutes past their usual finishing 
time, employees shall be provided with a meal of suitable quality or paid a meal allowance 
as recorded in the table below: 

Date of Effect Meal Allowance 

Commencement of Agreement $17.01 

FirstAnniversary of Commencement of Agreement $17.44 

Second Anniversary of Commencement of Agreement $17.88 

26.4 Escort Meal Allowance 

26.4.1 The travel meal allowance, as prescribed by the ATO will also be paid to an employee who is 
so engaged overnight (i.e. Night Hospital Escort). 

26.4.2 Examples of how and when travel expenses are paid is laid out in the recommendations made by 
Deputy President Smith (Fair Work Commission) 21 October 2013 and agreed to by GEO and the 
CPSU. 

27. OVERTIME 

27.1 All time worked by employees in excess of ordinary hours of duty shall be paid at the rate of time and a 
half. 

27.2 No employee shall work more than 14 hours including overtime hours in any 24 hour period unless by 
agreement between GEO and the employee to meet operational requirements. 

27.3 If for any reason a minimum break of 10 hours between ceasing overtime and commencing ordinary 
work on the next day is not possible, the employee will be paid at the appropriate overtime rate until 

FCC ENTERPRISE AGREEMENT 2020 VOTING VERSION Page 17 of 30 


25.13 Normal hours will be rostered and may be worked on any or all days of the week including Saturdays, Sundays and Public Holidays other than as specified in any other part of this Agreement. 25.14 Casual employees who have a shift cancelled by the Employer with less than 12 hours' notice will be compensated by payment of twenty five percent (25%) of the value of the shift. 25.15 Casual staff who are notified of a shift with less than three (3) hours' notice will be paid from the nominal commencement of the shift, provided they arrive at work within one (1) hour of the commencement of that shift. 25.16 Casual employees may apply for conversion to full time or part time employment in accordance with the further provisions of Schedule 2, Right to Request Casual Conversion, to this Agreement. 26. BREAKS AND OTHER ALLOWANCES 26.1 Employees shall be allowed a paid meal break of not less than half an hour or more than one hour. Such meal break shall commence not later than five hours, or such longer time as is reasonably necessary to meet operational requirements, after the commencement of each work period or shift. 26.2 An employee shall be permitted a 10 minute break in the first and last half of each shift at a time nominated by the Employer for tea breaks. Such breaks shall be without deduction of pay if taken at the workplace or other place nominated by the Employer. Provided that an employee engaged to work for a period of 4 hours or less shall not be entitled to the benefits of this clause. 26.3 Meal Allowance: 26.3.1 If required by GEO to take a meal break at a post, employees shall be provided with a meal by GEO; or 26.3.2 The employee shall provide their own meals or may receive a meal provided by GEO at a cost prescribed by GEO from time to time. 26.3.3 If required to perform overtime duty for more than 30 minutes past their usual finishing time, employees shall be provided with a meal of suitable quality or paid a meal allowance as recorded in the table below: Date of Effect Meal Allowance Commencement of Agreement $17.01 First Anniversary of Commencement of Agreement $17.44 Second Anniversary of Commencement of Agreement $17.88 26.4 Escort Meal Allowance 26.4.1 The travel meal allowance, as prescribed by the ATO will also be paid to an employee who is so engaged overnight (i.e. Night Hospital Escort). 26.4.2 Examples of how and when travel expenses are paid is laid out in the recommendations made by Deputy President Smith (Fair Work Commission) 21 October 2013 and agreed to by GEO and the CPSU. 27. OVERTIME 27.1 All time worked by employees in excess of ordinary hours of duty shall be paid at the rate of time and a half. 27.2 No employee shall work more than 14 hours including overtime hours in any 24 hour period unless by agreement between GEO and the employee to meet operational requirements. 27.3 If for any reason a minimum break of 10 hours between ceasing overtime and commencing ordinary work on the next day is not possible, the employee will be paid at the appropriate overtime rate until FCC ENTERPRISE AGREEMENT 2020 VOTING VERSION Page 17 of 30




 



such time as they have commenced the minimum 10 hour break without loss of pay for ordinary 
working time occurring during such absence. 

27.4 If an employee is recalled to work overtime after leaving GEO's premises (whether notified before or 
after leaving the premises), the employee shall be paid for a minimum of four hours at the appropriate 
rate for each time so recalled, provided that, except in the case of unforeseen circumstances arising, 
the employee shall not be required to work the full four hours if the job is completed within a shorter 
period. This clause does not apply in cases where it is customary for an employee to return to GEO's 
premises to perform a specific job outside ordinary working hours or where the overtime is continuous 
(subject to a reasonable meal break) with the completion or commencement of ordinary working time. 

27.5 An employee rostered off duty and required to attend meetings (including attending meetings as a 
Union delegate) at the request of GEO, shall be paid ordinary time for the duration of the meeting. 
Where an employee is required to attend meetings at locations other than the normal workplace, then 
the provisions of clause 40, Travelling, Transport and Fares, shall apply. 

27.6 An employee may request Time in Lieu [TIL) of overtime payment. Where approved, such TIL must be 
taken within the current and following pay cycles or be paid out at the relevant overtime rate, unless 
otherwise agreed. 

28. NOTIFICATION OF SHIFTS AND WORK LOCATION 

28.1 The starting and finishing times of work for employees shall be posted in an accessible place in the 
workplace. 

28.2 GEO will roster weekend and evening/night work employees, so far as is possible consistent with sound 
operational practice, in such a manner as to schedule all employees within each classification to work 
on an approximately equal number of weekend and evening/night shifts per year. 

28.3 GEO will maintain an overtime schedule which details those employees who wish to work overtime 
shifts. Those employees will be given preference to any overtime shifts which become available. 
Notwithstanding this provision, the parties acknowledge that all employees may be required to work 
overtime as directed by GEO. 

28.4 Without limiting clause 10, Procedure for Avoidance of Disputes, any disputes concerning the allocation 
of shifts under this clause should be referred to the Joint Workplace Consultative Committee (pursuant 
to clause 8 of this Agreement). 

28.5 There shall be sufficient flexibility in this Agreement so that, under mutual consent, employees may 
partake in shift-swap arrangements that may not be covered under clause 28.2 of this Agreement. 
Agreed shift-swaps will be permitted, as long as there is no overtime in the pay cycle. 

28.6 Where changes to an officer's shift or work location is to occur, the parties agree that GEO will provide 
the officer with at least two weeks' notice of such changes or may agree a lesser period by agreement 
with the officer. 

PART 6 • LEAVE OF ABSENCE AND PUBLIC HOLIDAYS 

29. ANNUAL LEAVE 

29.1 Annual leave for full-time, part-time and fixed term/task employees will be provided in accordance with 
the minimum required legislative standard as set out in the Act and in accordance with the table below: 

Work Routine (for each completed 12 months of service) Hours accrued per annum 

Monday to Friday (day work) - 80 hours/PFN 160 

Monday to Friday (day work) - 84 hours/PFN 168 

Shift Work- 80 hours/PFN 200 

Shift Work- 84 hours/PFN 210 

29.2 Any annual leave loading is comprehended in the base wage paid to full-time, part-time and fixed 

FCC ENTERPRISE AGREEMENT 2020 VOTING VERSION Page 18 of 30 


such time as they have commenced the minimum 10 hour break without loss of pay for ordinary working time occurring during such absence. 27.4 If an employee is recalled to work overtime after leaving GEO's premises (whether notified before or after leaving the premises), the employee shall be paid for a minimum of four hours at the appropriate rate for each time so recalled, provided that, except in the case of unforeseen circumstances arising, the employee shall not be required to work the full four hours if the job is completed within a shorter period. This clause does not apply in cases where it is customary for an employee to return to GEO's premises to perform a specific job outside ordinary working hours or where the overtime is continuous (subject to a reasonable meal break) with the completion or commencement of ordinary working time. 27.5 An employee rostered off duty and required to attend meetings (including attending meetings as a Union delegate) at the request of GEO, shall be paid ordinary time for the duration of the meeting. Where an employee is required to attend meetings at locations other than the normal workplace, then the provisions of clause 40, Travelling, Transport and Fares, shall apply. 27.6 An employee may request Time in Lieu [TIL] of overtime payment. Where approved, such TIL must be taken within the current and following pay cycles or be paid out at the relevant overtime rate, unless otherwise agreed. 28. NOTIFICATION OF SHIFTS AND WORK LOCATION 28.1 The starting and finishing times of work for employees shall be posted in an accessible place in the workplace. 28.2 GEO will roster weekend and evening/night work employees, so far as is possible consistent with sound operational practice, in such a manner as to schedule all employees within each classification to work on an approximately equal number of weekend and evening/night shifts per year. 28.3 GEO will maintain an overtime schedule which details those employees who wish to work overtime shifts. Those employees will be given preference to any overtime shifts which become available. Notwithstanding this provision, the parties acknowledge that all employees may be required to work overtime as directed by GEO. 28.4 Without limiting clause 10, Procedure for Avoidance of Disputes, any disputes concerning the allocation of shifts under this clause should be referred to the Joint Workplace Consultative Committee (pursuant to clause 8 of this Agreement). 28.5 There shall be sufficient flexibility in this Agreement so that, under mutual consent, employees may partake in shift-swap arrangements that may not be covered under clause 28.2 of this Agreement. Agreed shift-swaps will be permitted, as long as there is no overtime in the pay cycle. 28.6 Where changes to an officer's shift or work location is to occur, the parties agree that GEO will provide the officer with at least two weeks' notice of such changes or may agree a lesser period by agreement with the officer. PART 6 - LEAVE OF ABSENCE AND PUBLIC HOLIDAYS 29. ANNUAL LEAVE 29.1 Annual leave for full-time, part-time and fixed term/task employees will be provided in accordance with the minimum required legislative standard as set out in the Act and in accordance with the table below: Work Routine (for each completed 12 months of service) Hours accrued per annum Monday to Friday (day work) - 80 hours/PFN 160 Monday to Friday (day work) - 84 hours/PFN 168 Shift Work - 80 hours/PFN 200 Shift Work - 84 hours/PFN 210 29.2 Any annual leave loading is comprehended in the base wage paid to full-time, part-time and fixed FCC ENTERPRISE AGREEMENT 2020 VOTING VERSION Page 18 of 30




 



term/task employees. Casual employees are not entitled to annual leave. 

29.3 Annual leave will accrue progressively and is cumulative. 

29.4 For part-time and fixed term/task employees so engaged, the entitlement is pro-rata calculated by 
reference to the number of hours worked by the employee in the relevant year, as compared to a full­
time employee. 

29.5 Annual leave shall be taken in blocks which shall be not less than one week, unless agreed by both the 
employee and GEO. For the purpose of clarity; the minimum block of one week shall represent the 
employee being on approved annual leave commencing on any day of the week and absent from the 
Centre for seven (7) consecutive days. 

29.6 Upon request, an employee may take up to five (5) days annual leave as single day absences, or may be 
combined up to a maximum of three (3) consecutive days where the employee has provided a 
minimum of 48 hours' notice as required or a lesser period of notice if agreed by GEO. 

29.7 A period not exceeding half the annual leave entitlement may be granted after six (6) months 
employment in each year of service. 

29.8 Where agreement cannot be reached concerning the taking of annual leave, GEO'S decision will prevail. 

29.9 Excess annual leave, as described at clause 30, may be "cashed-in" at the option of the employee. 

29.10 The provisions of this clause 29 of this Agreement will not be applied to exclude or reduce the entitlement of 
employees to annual leave under the NES (sections 87 and 93(2) of the Act. 

30. EMPLOYEE PURCHASED ADDITIONAL ANNUAL LEAVE. 

30.1 An employee may purchase additional annual leave to a maximum of four (4) weeks annual leave per 
annum on the following terms: 

30,1.1 

30.1.2 

30.1.3 

30.1.4 

30.1.5 

30.1.6 

30.1.7 

30.1.8 

The employee is to discuss the purchase with their manager before proceeding with the 
purchase of annual leave to ensure workload planning occurs; 

Approval of purchased leave arrangements will be subject to operational requirements; 

The dates intended to be taken in regard to the purchased leave must be advised at the 
time of applying to purchase the leave, and must be taken in a minimum amount of one (1) 
week; 

There will be a total of 24 weeks of annual leave available for purchase by employees from 
a minimum of one (1) to a maximum of four (4) weeks. 

Applications for purchased leave will form part of the Annual Leave Plan Process and its 
conditions. 

A purchase of annual leave is made via a deduction from the employee's fortnightly wage, 
where the cost of the number of hours purchased is based on the employee's wage 
applicable on the same pay day in which the deduction is made. The purchased annual 
leave is to be credited on the same pay day as the wage deduction is made and will be 
available as per the Centre Annual Leave Planner. 

The cost of the number of hours purchased is based on the employee's wage applicable on 
the same pay day in which the deduction is made. The purchased annual leave is to be 
credited on the same pay day as the salary deduction is made and will be available as per 
the Centre Annual Leave Planner. 

On a case by case basis, employees may request approval from the General Manager to 
vary the above conditions due to special circumstances, such as long term travel 
arrangements (documentary evidence may be required). 

FCC ENTERPRISE AGREEMENT 2020 VOTING VERSION Page 19 of 30 


term/task employees. Casual employees are not entitled to annual leave. 29.3 Annual leave will accrue progressively and is cumulative. 29.4 For part-time and fixed term/task employees so engaged, the entitlement is pro-rata calculated by reference to the number of hours worked by the employee in the relevant year, as compared to a full- time employee. 29.5 Annual leave shall be taken in blocks which shall be not less than one week, unless agreed by both the employee and GEO. For the purpose of clarity; the minimum block of one week shall represent the employee being on approved annual leave commencing on any day of the week and absent from the Centre for seven (7) consecutive days 29.6 Upon request, an employee may take up to five (5) days annual leave as single day absences, or may be combined up to a maximum of three (3) consecutive days where the employee has provided a minimum of 48 hours' notice as required or a lesser period of notice if agreed by GEO. 29.7 A period not exceeding half the annual leave entitlement may be granted after six (6) months employment in each year of service. 29.8 Where agreement cannot be reached concerning the taking of annual leave, GEO'S decision will prevail. 29.9 Excess annual leave, as described at clause 30, may be "cashed-in" at the option of the employee. 29.10 The provisions of this clause 29 of this Agreement will not be applied to exclude or reduce the entitlement of employees to annual leave under the NES (sections 87 and 93(2) of the Act. 30. EMPLOYEE PURCHASED ADDITIONAL ANNUAL LEAVE. 30.1 An employee may purchase additional annual leave to a maximum of four (4) weeks annual leave per annum on the following terms: 30.1.1 The employee is to discuss the purchase with their manager before proceeding with the purchase of annual leave to ensure workload planning occurs; 30.1.2 Approval of purchased leave arrangements will be subject to operational requirements; 30.1.3 The dates intended to be taken in regard to the purchased leave must be advised at the time of applying to purchase the leave, and must be taken in a minimum amount of one (1) week; 30.1.4 There will be a total of 24 weeks of annual leave available for purchase by employees from a minimum of one (1) to a maximum of four (4) weeks. 30.1.5 Applications for purchased leave will form part of the Annual Leave Plan Process and its conditions. 30.1.6 A purchase of annual leave is made via a deduction from the employee's fortnightly wage, where the cost of the number of hours purchased is based on the employee's wage applicable on the same pay day in which the deduction is made. The purchased annual leave is to be credited on the same pay day as the wage deduction is made and will be available as per the Centre Annual Leave Planner. 30.1.7 The cost of the number of hours purchased is based on the employee's wage applicable on the same pay day in which the deduction is made. The purchased annual leave is to be credited on the same pay day as the salary deduction is made and will be available as per the Centre Annual Leave Planner. 30.1.8 On a case by case basis, employees may request approval from the General Manager to vary the above conditions due to special circumstances, such as long term travel arrangements (documentary evidence may be required). FCC ENTERPRISE AGREEMENT 2020 VOTING VERSION Page 19 of 30




 



31. CASHING-IN OF EXCESS LEAVE ENTITLEMENTS 

31.1 Subject to any applicable legislation to the contrary, an employee may elect to "cash-in" excess 
accumulated annual leave, and/or special leave entitlements. 

31.2 The ability to "cash-in" excess accumulated annual leave entitlements is subject to an employee having 
a minimum accumulation of annual leave equivalent to 12 months service in the employee's 
classification at all times. For full-time employees engaged to work Monday to Friday, the minimum 
balance of accumulated annual leave after "cashing-in" excess entitlements is an accrual of four weeks. 
For full-time employees engaged to work on 12 hour rotating shifts, the minimum balance of 
accumulated annual leave after "cashing-in" excess entitlements is an accrual of five weeks. For part­
time employees the minimum balance of accumulated leave required to be maintained after "cashing­
in" excess entitlements is the pro rata equivalent of 12 months full-time service in the applicable 
classification. 

31.3 If the employee "cashes-in" excess leave pursuant to this clause, the employee is not entitled to any 
further leave or payment in lieu of such leave for the period of employment in respect of which the 
leave was "cashed-in". 

31.4 Excess leave may only be "cashed-in" pursuant to this clause in amounts of not less than one shift. 

31.5 A written agreement needs to be made each time annual leave is cashed in. 

32. AMOUNT OF PERSONAL/CARER'S LEAVE 

32.1 Personal/carer's leave will be provided in accordance with and subject to the Act and the provisions of 
this clause 32 of the Agreement will not be applied to exclude or reduce the entitlement of employees 
to personal leave under the NES and the Fair Work Act. 

32.2 An Employee, other than a casual Employee, is entitled to paid personal/carer's leave when they are 
absent because of: 

32.2.1 

32.2.2 

32.2.3 

32 .2.4 

personal illness, injury or other medical reason; 

personal illness or injury of an Employee's immediate family or household member who 
requires the Employee's care or support; or 

an unexpected emergency affecting an Employee's immediate family or household 
member. 

For the purposes of clarity, "Immediate family" is defined as: 

a) A spouse (including a former spouse, a de facto spouse and a former de facto spouse); 

b) A same sex partner; and 

c) A child or an adult child (including an adopted child, step child or an ex nuptial child) 
parent, grandparent, grandchild or sibling of the employee or the employee's spouse. 

32.3 Full time Correctional employees are entitled to paid personal/carer's leave of 96 hours for each year. 

32.4 Full time Catering employees are entitled to paid personal/carer's leave of 80 hours for each year. 

32.5 A part-time Employee is entitled to a pro-rata amount of paid personal/carer's leave based on the 
part-time Employee's hours of work. 

32.6 Personal Leave will be accrued from commencement of employment and accumulated in subsequent 
years. 

32.7 After 12 months continuous employment, full-time Catering employees will be entitled to an additional 
2 days paid personal leave and part-time, fixed term and fixed task employees are entitled to additional 
days at a pro-rata rate of the additional allowance. 

FCC ENTERPRISE AGREEMENT 2020 VOTING VERSION Page 20 of 30 


...... . 31. CASHING-IN OF EXCESS LEAVE ENTITLEMENTS 31.1 Subject to any applicable legislation to the contrary, an employee may elect to "cash-in" excess accumulated annual leave, and/or special leave entitlements. 31.2 The ability to "cash-in" excess accumulated annual leave entitlements is subject to an employee having a minimum accumulation of annual leave equivalent to 12 months service in the employee's classification at all times. For full-time employees engaged to work Monday to Friday, the minimum balance of accumulated annual leave after "cashing-in" excess entitlements is an accrual of four weeks. For full-time employees engaged to work on 12 hour rotating shifts, the minimum balance of accumulated annual leave after "cashing-in" excess entitlements is an accrual of five weeks. For part- time employees the minimum balance of accumulated leave required to be maintained after "cashing- in" excess entitlements is the pro rata equivalent of 12 months full-time service in the applicable classification. 31.3 If the employee "cashes-in" excess leave pursuant to this clause, the employee is not entitled to any further leave or payment in lieu of such leave for the period of employment in respect of which the leave was "cashed-in". 31.4 Excess leave may only be "cashed-in" pursuant to this clause in amounts of not less than one shift. 31.5 A written agreement needs to be made each time annual leave is cashed in. 32. AMOUNT OF PERSONAL/CARER'S LEAVE 32.1 Personal/carer's leave will be provided in accordance with and subject to the Act and the provisions of this clause 32 of the Agreement will not be applied to exclude or reduce the entitlement of employees to personal leave under the NES and the Fair Work Act. 32.2 An Employee, other than a casual Employee, is entitled to paid personal/carer's leave when they are absent because of: 32.2.1 personal illness, injury or other medical reason; 32.2.2 personal illness or injury of an Employee's immediate family or household member who requires the Employee's care or support; or 32.2.3 an unexpected emergency affecting an Employee's immediate family or household member. 32.2.4 For the purposes of clarity, "Immediate family" is defined as: a) A spouse (including a former spouse, a de facto spouse and a former de facto spouse); b) A same sex partner; and c) A child or an adult child (including an adopted child, step child or an ex nuptial child) parent, grandparent, grandchild or sibling of the employee or the employee's spouse. 32.3 Full time Correctional employees are entitled to paid personal/carer's leave of 96 hours for each year. 32.4 Full time Catering employees are entitled to paid personal/carer's leave of 80 hours for each year. 32.5 A part-time Employee is entitled to a pro-rata amount of paid personal/carer's leave based on the part-time Employee's hours of work. 32.6 Personal Leave will be accrued from commencement of employment and accumulated in subsequent years. 32.7 After 12 months continuous employment, full-time Catering employees will be entitled to an additional 2 days paid personal leave and part-time, fixed term and fixed task employees are entitled to additional days at a pro-rata rate of the additional allowance. FCC ENTERPRISE AGREEMENT 2020 VOTING VERSION Page 20 of 30




 



32.8 Employees appointed for a fixed-task or fixed-term period will accrue on a pro-rata basis paid 
personal/carer's leave according to their length of service. 

32.9 A fixed task/term employee may carry forward such personal leave as accrued during periods of 
contract employment under the following conditions: 

32.9.1 

32.9.2 

32.9.3 

The minimum contract period for this to apply is three (3) months. 

Employee returns to casual status for periods of no more than six (6) months at a time. 

Personal Leave can only be taken during periods of fixed task/term or permanent 
employment, not during casual employment. 

32.10 Leave without pay will not count as service for personal/carer's leave accrual purposes. 

32.11 Accrued personal/carer's leave will not be paid out on termination of employment. 

32.12 Where an employee has exhausted accumulated personal leave due to a specific serious personal 
illness or injury, the employee may use any accumulated annual leave entitlements. Once these have 
been exhausted, then additional sick leave may be available by authority of the General Manager, at 
the Fulham Correctional Centre. 

33. UNPAID CARER'S LEAVE 

33.1 Where the employee is engaged as a casual employee, the employee is entitled to 2 days' unpaid 
carer's leave for each occasion when they need to provide care or support to an immediate family 
member or a household member. 

33.2 A casual employee who is absent for more than 2 consecutive shifts, must provide GEO with a medical 
certificate or in the case of an emergency, complete a statutory declaration stating the relationship of 
to the employee of the person who the employee is caring for and that person requires care. 

34. PAYMENT FOR PERSONAL/CARER'S LEAVE 

34.1 An Employee, other than a casual Employee, who takes paid personal/carer's leave, is entitled to be 
paid at his or her rate of pay for their rostered hours of work in the period during which the 
personal/carer's leave is taken. 

35. PERSONAL/CARERS LEAVE APPLICATION 

35.1 An Employee must give their Employer notice of the taking of personal/ carer's leave under this clause. 
The notice: 

35.1.1 

35.1.2 

must advise the Employer of the period, or expected period, of the leave; and 

must be given to the immediate supervisor or manager as soon as possible before the 
commencement of shift, but not later than the employee's scheduled starting time. 

36. DOCUMENTARY EVIDENCE REQUIREMENTS 

36.1 Employees must provide the Employer with the following evidence for absences of more than two 
consecutive shifts duration if the Employee requires a period of personal leave: 

36.1.1 

36.1.2 

a medical certificate or certificate of attendance from a Registered Medical Practitioner; or 

if not reasonably practicable, a statutory declaration made by the Employee, stating that he 
or she was, is or will be unfit to work during the period. 

36.2 In addition, GEO reserves the right to require, on prior notice, medical certificates for frequent 
absences of two consecutive shifts or less duration. GEO may refer an employee for an independent 
medical opinion at its expense and may, as a consequence of that opinion, limit the duration of paid 

FCC ENTERPRISE AGREEMENT 2020 VOTING VERSION Page 21 of 30 


32.8 Employees appointed for a fixed-task or fixed-term period will accrue on a pro-rata basis paid personal/carer's leave according to their length of service. 32.9 A fixed task/term employee may carry forward such personal leave as accrued during periods of contract employment under the following conditions 32.9.1 The minimum contract period for this to apply is three (3) months. 32.9.2 Employee returns to casual status for periods of no more than six (6) months at a time. 32.9.3 Personal Leave can only be taken during periods of fixed task/term or permanent employment, not during casual employment. 32.10 Leave without pay will not count as service for personal/carer's leave accrual purposes. 32.11 Accrued personal/carer's leave will not be paid out on termination of employment. 32.12 Where an employee has exhausted accumulated personal leave due to a specific serious personal illness or injury, the employee may use any accumulated annual leave entitlements. Once these have been exhausted, then additional sick leave may be available by authority of the General Manager, at the Fulham Correctional Centre. 33. UNPAID CARER'S LEAVE 33.1 Where the employee is engaged as a casual employee, the employee is entitled to 2 days' unpaid carer's leave for each occasion when they need to provide care or support to an immediate family member or a household member. 33.2 A casual employee who is absent for more than 2 consecutive shifts, must provide GEO with a medical certificate or in the case of an emergency, complete a statutory declaration stating the relationship of to the employee of the person who the employee is caring for and that person requires care. 34. PAYMENT FOR PERSONAL/CARER'S LEAVE 34.1 An Employee, other than a casual Employee, who takes paid personal/carer's leave, is entitled to be paid at his or her rate of pay for their rostered hours of work in the period during which the personal/carer's leave is taken. 35. PERSONAL/CARERS LEAVE APPLICATION 35.1 An Employee must give their Employer notice of the taking of personal/ carer's leave under this clause. The notice: 35.1.1 must advise the Employer of the period, or expected period, of the leave; and 35.1.2 must be given to the immediate supervisor or manager as soon as possible before the commencement of shift, but not later than the employee's scheduled starting time. 36. DOCUMENTARY EVIDENCE REQUIREMENTS 36.1 Employees must provide the Employer with the following evidence for absences of more than two consecutive shifts duration if the Employee requires a period of personal leave: 36.1.1 a medical certificate or certificate of attendance from a Registered Medical Practitioner; or 36.1.2 if not reasonably practicable, a statutory declaration made by the Employee, stating that he or she was, is or will be unfit to work during the period. 36.2 In addition, GEO reserves the right to require, on prior notice, medical certificates for frequent absences of two consecutive shifts or less duration. GEO may refer an employee for an independent medical opinion at its expense and may, as a consequence of that opinion, limit the duration of paid FCC ENTERPRISE AGREEMENT 2020 VOTING VERSION Page 21 of 30




 



sick leave after considering all aspects of the employee's case. 

36.3 Subject to clause 36.1, in the case of carer's leave, the Employee must provide the Employer with 
appropriate documentary evidence. The form of evidence required by the Employer will depend on the 
circumstances of the carer's leave request, and may include a medical certificate from a Registered 
Medical Practitioner or statutory declaration stating that person concerned requires the Employee's 
care or support or other relevant documentary evidence. 

37. PERSONAL LEAVE DONATION 

37.1 An employee (donor) may transfer the equivalent of one day (in hours) personal leave to a fellow 
employee (recipient) under the following conditions: 

37.2 The recipient has no further leave balances available to them; 

37.3 The recipient is suffering a life threatening condition; and 

37.4 The donor has, at the time of the donation, a minimum of one (1) years' accrual of personal leave in 
their balance. 

37.5 The transfer of such leave does not contravene any legislation applying in relation to personal leave. 

38. COMPASSIONATE LEAVE 

38.1 Employees may have up to 36 hours (i.e. 3 days) leave upon the death of a member of the employee's 
immediate family as defined in clause 32.2.4. 

38.2 The Employer will endeavour to approve additional leave from the employees' existing leave balance to 
facilitate instances that require interstate or overseas travel. 

39. SPECIAL LEAVE AND OTHER LEAVE 

39.1 A continuing employee who does not take Personal (Sick) leave during any six month period from the 
date the employee last took Personal (Sick) leave, is entitled to one day special leave at ordinary rates 
for the applicable period. In order to apply for special leave, employees are required to complete a GEO 
leave form. This leave must be taken on a date agreed to by GEO within two calendar months of the 
entitlement falling due (unless exceptional circumstances exist) or be "cashed-in" pursuant to clause 
31. This leave does not accumulate. 

39.2 Any other leave (including Family and Domestic Violence Leave) not provided for in this Agreement will 
be dealt with in accordance with Fair Work Act 2009. 

40. PARENTAL LEAVE 

40.1 The provisions of Chapter 2 - Terms and Conditions of Employment of the Act or its successor apply to 
the granting of parental leave. 

40.2 Employees (other than casual employees) shall have two (2) weeks' parental leave paid at their base 
wage rate provided that: 

40.2.1 Employees have more than 2 years' calendar service with GEO on the date which such 
employees first proceeded on parental leave; and 

40.2.2 Employees take leave within the first 3 months of the birth or adoption of a child; and 

40.2.3 Employees take leave to be the primary caregiver to a child. 

41. PUBLIC HOLIDAYS 

41.1 The following Public Holidays shall be observed for the purposes of this Agreement while same are 
appointed as public holidays under the Public Holidays Act 1993 (Vic): 

FCC ENTERPRISE AGREEMENT 2020 VOTING VERSION Page 22 of 30 


sick leave after considering all aspects of the employee's case. 36.3 Subject to clause 36.1, in the case of carer's leave, the Employee must provide the Employer with appropriate documentary evidence. The form of evidence required by the Employer will depend on the circumstances of the carer's leave request, and may include a medical certificate from a Registered Medical Practitioner or statutory declaration stating that person concerned requires the Employee's care or support or other relevant documentary evidence. 37. PERSONAL LEAVE DONATION 37.1 An employee (donor) may transfer the equivalent of one day (in hours) personal leave to a fellow employee (recipient) under the following conditions: 37.2 The recipient has no further leave balances available to them; 37.3 The recipient is suffering a life threatening condition; and 37.4 The donor has, at the time of the donation, a minimum of one (1) years' accrual of personal leave in their balance. 37.5 The transfer of such leave does not contravene any legislation applying in relation to personal leave. 38. COMPASSIONATE LEAVE 38.1 Employees may have up to 36 hours (i.e. 3 days) leave upon the death of a member of the employee's immediate family as defined in clause 32.2.4 38.2 The Employer will endeavour to approve additional leave from the employees' existing leave balance to facilitate instances that require interstate or overseas travel. 39. SPECIAL LEAVE AND OTHER LEAVE 39.1 A continuing employee who does not take Personal (Sick) leave during any six month period from the date the employee last took Personal (Sick) leave, is entitled to one day special leave at ordinary rates for the applicable period. In order to apply for special leave, employees are required to complete a GEO leave form. This leave must be taken on a date agreed to by GEO within two calendar months of the entitlement falling due (unless exceptional circumstances exist) or be "cashed-in" pursuant to clause 31. This leave does not accumulate. 39.2 Any other leave (including Family and Domestic Violence Leave) not provided for in this Agreement will be dealt with in accordance with Fair Work Act 2009. 40. PARENTAL LEAVE 40.1 The provisions of Chapter 2 - Terms and Conditions of Employment of the Act or its successor apply to the granting of parental leave. 40.2 Employees (other than casual employees) shall have two (2) weeks' parental leave paid at their base wage rate provided that: 40.2.1 Employees have more than 2 years' calendar service with GEO on the date which such employees first proceeded on parental leave; and 40.2.2 Employees take leave within the first 3 months of the birth or adoption of a child; and 40.2.3 Employees take leave to be the primary caregiver to a child. 41. PUBLIC HOLIDAYS 41.1 The following Public Holidays shall be observed for the purposes of this Agreement while same are appointed as public holidays under the Public Holidays Act 1993 (Vic): FCC ENTERPRISE AGREEMENT 2020 VOTING VERSION Page 22 of 30




 



41.1.1 

41.1.2 

41.1.3 

41.1.4 

41.1.5 

41.1.6 

41.1.7 

41.1.8 

41.1.9 

41.1.10 

41.1.11 

New Year's Day 

Australia Day 

Labour Day 

Good Friday 

the Saturday before Easter Sunday; 

Easter Sunday 

Easter Monday 

Anzac Day 

Queen's Birthday 

Friday before the Australian Football League Grand Final; 

Melbourne Cup Day 

Christmas Day 

Boxing Day 

41.1.12 

41.1.13 

41.1.14 And such other public holiday as may be gazetted under Victorian law for general 
observance in the state of Victoria or the locality of the Centre. 

41.2 The Public Holiday to be observed under clause 41.1 is the day declared in the State of Victoria as being 
the gazetted Public Holiday. 

41.3 Where an employee has been called in to work when rostered off on one of the Public Holidays 
provided for in clause 41.1, they shall be paid at the rate of time and one half (but only for the day on 
which the gazetted Public Holiday falls). 

41.4 The Company commits to develop new roster principles, in consultation with employees, which will 
better reflect an equitable availability to Public Holidays. 

42. COMMUNITY SERVICE LEAVE 

42.1 Jury Service 

42.1.1 Employees who are required to undertake jury service will receive payment in accordance 
with their normal ordinary hourly rate for the duration of the service. 

42.1.2 Any jury allowance payments are to be paid to GEO. 

42.2 Voluntary Emergency Management Activity 

42.2.1 The Centre General Manager may grant leave with pay to an employee who is a registered 
volunteer of an emergency service or, who responds to a civil emergency and engages in 
activities at the direction of an emergency service. 

42.2.2 Emergency service means a state emergency service, firefighting service, search and rescue 
unit, or other volunteer service performing similar functions in instances of emergency 
relief. 

42.2.3 An employee in an eligible emergency service as defined in clause 42.2.2 must give their 
manager notice of absence along with advice of the period, or expected period of the 
absence. The Employer may require the employee to provide evidence that the absence is 
because the employee has been or will be engaging in an emergency services activity. 

FCC ENTERPRISE AGREEMENT 2020 VOTING VERSION Page 23 of 30 


41.1.1 New Year's Day 41.1.2 Australia Day 41.1.3 Labour Day 41.1.4 Good Friday 41.1.5 the Saturday before Easter Sunday; 41.1.6 Easter Sunday 41.1.7 Easter Monday 41.1.8 Anzac Day 41.1.9 Queen's Birthday 41.1.10 Friday before the Australian Football League Grand Final; 41.1.11 Melbourne Cup Day 41.1.12 Christmas Day 41.1.13 Boxing Day 41.1.14 And such other public holiday as may be gazetted under Victorian law for general observance in the state of Victoria or the locality of the Centre. ............................. 41.2 The Public Holiday to be observed under clause 41.1 is the day declared in the State of Victoria as being the gazetted Public Holiday. 41.3 Where an employee has been called in to work when rostered off on one of the Public Holidays provided for in clause 41.1, they shall be paid at the rate of time and one half (but only for the day on which the gazetted Public Holiday falls). 41.4 The Company commits to develop new roster principles, in consultation with employees, which will better reflect an equitable availability to Public Holidays. 42. COMMUNITY SERVICE LEAVE 42.1 Jury Service 42.1.1 Employees who are required to undertake jury service will receive payment in accordance with their normal ordinary hourly rate for the duration of the service. 42.1.2 Any jury allowance payments are to be paid to GEO. 42.2 Voluntary Emergency Management Activity 42.2.1 The Centre General Manager may grant leave with pay to an employee who is a registered volunteer of an emergency service or, who responds to a civil emergency and engages in activities at the direction of an emergency service. 42.2.2 Emergency service means a state emergency service, firefighting service, search and rescue unit, or other volunteer service performing similar functions in instances of emergency relief. 42.2.3 An employee in an eligible emergency service as defined in clause 42.2.2 must give their manager notice of absence along with advice of the period, or expected period of the absence. The Employer may require the employee to provide evidence that the absence is because the employee has been or will be engaging in an emergency services activity. FCC ENTERPRISE AGREEMENT 2020 VOTING VERSION Page 23 of 30




 



43, ATTENDANCE AT BLOOD BANK 

43.1 Employees who attend the blood bank and donate blood during normal working hours, shall not suffer 
any deduction in pay however it shall be the employee's responsibility to arrange a mutually convenient 
time with GEO. 

44. ATTENDANCE AT REPATRIATION CENTRES 

44.1 Employees who are ex-service men or ex-service women shall be allowed as time worked, time 
incurred whilst attending Repatriation Centres for medical examination and/or treatment provided 
that: 

44.1.1 

44.1.2 

44.1.3 

such time does not exceed twelve hours on any one occasion; 

payment shall be limited to the difference between the appropriate hourly rate for the 
period and any payment received from any other source in respect of such attendance; and 

the employee produces satisfactory evidence of the requirement to attend and proof of 
attendance. 

45. LONG SERVICE LEAVE 

45.1 All employees covered by this Agreement shall have their long service leave entitlements governed by 
the terms and conditions of the Long Service Leave Act 2018 (Victoria). 

45.2 Leave in Advance 

45.2.l Where permitted by law, the Employer may grant an employee long service leave before 
the employee becomes entitled to that leave: 

a) If the Employer grants long service leave in advance pursuant to this clause and the 

employee takes this leave, the employee is not entitled to any further long 

service leave or payment in lieu of long service leave for the period of 

employment in respect of which the leave in advance was granted. 

b) If the employment of an employee who has taken leave in advance ends, the 

Employer may deduct from any payment payable to the employee as a result of 

the ending of his or her employment an amount equal to the amount paid to 

the employee for the leave taken in advance (if any), in respect of which the 

employee will not be entitled to any further payment. 

46. COURTLEAVE 

46.1 Where an employee is subpoenaed to be a witness in any court proceedings arising out of the 
employee's employment with GEO, leave shall be granted as follows: 

46.1.1 

46.1.2 

46.1.3 

When rostered on duty, pay for the period of absence in accordance with the usual rostered 
duties; or 

when rostered off duty, payment of an amount equal to eight hours at the employee's usual 
ordinary hours rate; and 

in either circumstance, the employee shall keep witness fees and reimbursement costs 
ordered by a court. 

47. DEFENCE RESERVE SERVICE LEAVE 

47.1 GEO is committed to the support of employee's providing Defence Reserve Service under the provisions 
of the Defence Reserve Service (Protection) Act 2001 (DRSP Act). 

FCC ENTERPRISE AGREEMENT 2020 VOTING VERSION Page 24 of 30 


43. ATTENDANCE AT BLOOD BANK 43,1 Employees who attend the blood bank and donate blood during normal working hours, shall not suffer any deduction in pay however it shall be the employee's responsibility to arrange a mutually convenient time with GEO 44. ATTENDANCE AT REPATRIATION CENTRES 44.1 Employees who are ex-service men or ex-service women shall be allowed as time worked, time incurred whilst attending Repatriation Centres for medical examination and/or treatment provided that 44.1.1 such time does not exceed twelve hours on any one occasion; 44.1.2 payment shall be limited to the difference between the appropriate hourly rate for the period and any payment received from any other source in respect of such attendance; and 44.1.3 the employee produces satisfactory evidence of the requirement to attend and proof of attendance. 45. LONG SERVICE LEAVE 45.1 All employees covered by this Agreement shall have their long service leave entitlements governed by the terms and conditions of the Long Service Leave Act 2018 (Victoria). 45,2 Leave in Advance 45.2.1 Where permitted by law, the Employer may grant an employee long service leave before the employee becomes entitled to that leave: If the Employer grants long service leave in advance pursuant to this clause and the employee takes this leave, the employee is not entitled to any further long service leave or payment in lieu of long service leave for the period of employment in respect of which the leave in advance was granted. ) If the employment of an employee who has taken leave in advance ends, the Employer may deduct from any payment payable to the employee as a result of the ending of his or her employment an amount equal to the amount paid to the employee for the leave taken in advance (if any), in respect of which the employee will not be entitled to any further payment. 46. COURT LEAVE 46. Where an employee is subpoenaed to be a witness in any court proceedings arising out of the employee's employment with GEO, leave shall be granted as follows: 46.1.1 When rostered on duty, pay for the period of absence in accordance with the usual rostered duties; or 46.1.2 when rostered off duty, payment of an amount equal to eight hours at the employee's usual ordinary hours rate; and 46.1.3 in either circumstance, the employee shall keep witness fees and reimbursement costs ordered by a court. 47. DEFENCE RESERVE SERVICE LEAVE 47.1 GEO is committed to the support of employee's providing Defence Reserve Service under the provisions of the Defence Reserve Service (Protection) Act 2001 (DRSP Act). FCC ENTERPRISE AGREEMENT 2020 VOTING VERSION Page 24 of 30




 



47.2 For a maximum [cumulative] period of 2 weeks per annum, GEO will subsidise the wages of an 
employee where their Service wage payments is below the employee's basic wage, with a make-up to 
that of their basic wage. Other periods of Service will be actioned in accordance with section 33 of the 
DRSP Act. Leave to conduct additional Service during the year, may be taken as 'leave without pay', or 
utilising the employee's 'annual leave' balances. 

47.3 The employee (Reservist) must provide the Employer with a copy of all training/exercise commitments 
as soon as possible (ASAP) on receipt of such information. 

PART 7 -TRAVELLING AND WORKING AWAY FROM USUAL PLACE OF WORK 

48. TRAVELLING, TRANSPORT AND FARES 

48.1 An employee travelling, under the instructions of GEO, shall be deemed to be working while so 
travelling and have all the costs associated with such travel including accommodation and meals, paid 
for by GEO in accordance with and subject to GEO policy. Where receipts are unable to be obtained for 
incidental expenses when travelling (e.g. metered parking) the expense will be reimbursed based on 
reasonable justification. 

48.2 If required by GEO to commence and cease work at other than the employee's normal place of work, 
the employee shall, in addition to all other entitlements, be paid for all time in excess of that normally 
taken to travel between the employee's residence and normal place of work at ordinary time. In 
addition, an employee using his or her own vehicle, shall be paid for all excess travelling at the rate 
prescribed from time to time by the Commissioner for Taxation. 

48.3 Where an employee is required to perform duty away from the employee's normal place of work, such 
as undertaking escorts, a meal allowance shall be paid if the employee is on duty away from the 
employee's normal place of work during meal times, at the rates published from time to time in GEO's 
Policies and Procedures as prescribed by the Commissioner for Taxation. 

48.4 The monetary amounts provided for in this clause may be varied during the life of this Agreement to 
reflect changes in the basis upon which the amounts are calculated. 

PART 8 - TRAINING AND RELATED MATTERS 

49. TRAINING 

49.1 The parties to this Agreement recognise that in order to increase the efficiency, productivity and 
competitiveness of GEO, a greater commitment to training and skills development is required. 
Accordingly the parties commit themselves to: 

49.2 Developing a more highly skilled and flexible workforce; 

49.3 Providing employees with career opportunities through appropriate training to acquire additional skills; 
and 

49.4 Removing barriers to the utilisation of skills acquired. 

49.5 An employee who volunteers for training on his or her rostered day off shall be paid during that training 
period at the ordinary time rate. 

49.6 An employee who is required to attend training courses on his or her rostered day off shall be paid at 
the rate of time and a half with a minimum payment of three (3) hours or at the employee's discretion 
shall be given equal time off (i.e. time in lieu [TIL]) at the rate of one and a half hours off for every hour 
of training, within the following thirty (30) days. In cases where the time in lieu is not taken within the 
thirty (30) day time frame, it will be paid out. 

49.7 For the purposes of clarity, clause 49.6 relates to any number of hours engaged in training, multiplied 
by time and one half, e.g. three (3) hours training equates to four point five (4.5) hours TIL, six (6) hours 
training equates to nine (9) hours TIL, and so on. 

FCC ENTERPRISE AGREEMENT 2020 VOTING VERSION Page ZS of 30 


47.2 For a maximum [cumulative] period of 2 weeks per annum, GEO will subsidise the wages of an employee where their Service wage payments is below the employee's basic wage, with a make-up to that of their basic wage. Other periods of Service will be actioned in accordance with section 33 of the DRSP Act. Leave to conduct additional Service during the year, may be taken as 'leave without pay', or utilising the employee's 'annual leave' balances. 47.3 The employee (Reservist) must provide the Employer with a copy of all training/exercise commitments as soon as possible (ASAP) on receipt of such information. PART 7 - TRAVELLING AND WORKING AWAY FROM USUAL PLACE OF WORK 48. TRAVELLING, TRANSPORT AND FARES 48.1 An employee travelling, under the instructions of GEO, shall be deemed to be working while so travelling and have all the costs associated with such travel including accommodation and meals, paid for by GEO in accordance with and subject to GEO policy. Where receipts are unable to be obtained for incidental expenses when travelling (e.g. metered parking) the expense will be reimbursed based on reasonable justification. 48.2 If required by GEO to commence and cease work at other than the employee's normal place of work, the employee shall, in addition to all other entitlements, be paid for all time in excess of that normally taken to travel between the employee's residence and normal place of work at ordinary time. In addition, an employee using his or her own vehicle, shall be paid for all excess travelling at the rate ................................... prescribed from time to time by the Commissioner for Taxation. 48.3 Where an employee is required to perform duty away from the employee's normal place of work, such as undertaking escorts, a meal allowance shall be paid if the employee is on duty away from the employee's normal place of work during meal times, at the rates published from time to time in GEO's Policies and Procedures as prescribed by the Commissioner for Taxation. 48.4 The monetary amounts provided for in this clause may be varied during the life of this Agreement to reflect changes in the basis upon which the amounts are calculated. PART 8 - TRAINING AND RELATED MATTERS 49. TRAINING 49.1 The parties to this Agreement recognise that in order to increase the efficiency, productivity and competitiveness of GEO, a greater commitment to training and skills development is required. Accordingly the parties commit themselves to: 49.2 Developing a more highly skilled and flexible workforce; 49,3 Providing employees with career opportunities through appropriate training to acquire additional skills; and 49.4 Removing barriers to the utilisation of skills acquired. 49.5 An employee who volunteers for training on his or her rostered day off shall be paid during that training period at the ordinary time rate. 49.6 An employee who is required to attend training courses on his or her rostered day off shall be paid at the rate of time and a half with a minimum payment of three (3) hours or at the employee's discretion shall be given equal time off (i.e. time in lieu [TIL]) at the rate of one and a half hours off for every hour of training, within the following thirty (30) days. In cases where the time in lieu is not taken within the thirty (30) day time frame, it will be paid out. 49.7 For the purposes of clarity, clause 49.6 relates to any number of hours engaged in training, multiplied by time and one half, e.g. three (3) hours training equates to four point five (4.5) hours TIL, six (6) hours training equates to nine (9) hours TIL, and so on. FCC ENTERPRISE AGREEMENT 2020 VOTING VERSION Page 25 of 30




 



50. TRADE UNION TRAINING LEAVE 

50.1 An employee nominated by the CPSU and accepted by a training provider to attend a trade union 
training course may be granted up to 60 hours leave on full pay in any one calendar year to attend 
same. 

50.2 An employee may be granted paid leave under this clause in excess of 60 hours and up to 120 hours in 
any one calendar year subject to the total leave taken in that year and the subsequent year not 
exceeding 120 hours. 

PART 9 - OCCUPATIONAL HEAL TH AND SAFETY MATTERS, EQUIPMENT, TOOLS AND AMENITIES 

51. WORKERS COMPENSATION 

51.1 An employee who is absent on workers compensation shall receive benefits including wages in 
accordance with Victorian WorkCover legislation. 

51.2 "Make-up" pay to 100% of the employee's weekly wage will be paid up for a period up to thirty nine 
{39) weeks from the date of the workers compensation injury or illness for which liability has been 
accepted. 

52. OCCUPATIONAL HEALTH AND SAFETY 

52.1 The Company will comply with the Occupational Health and Safety Act 2004 (Vic). 

52.2 The Company will engage in consultation with the CPSU on any matters related to the health and safety 
of employees. 

52.3 An employee elected, in accordance with the procedures in the Occupational Health and Safety Act 
2004 (Vic) as an Occupational Health and Safety Representative or Occupational Health and Safety 
Committee member shall be recognised as such by GEO. 

52.4 An employee, upon election as a health and safety representative, shall be granted up to five days' paid 
leave, as soon as practicable after election, to undertake an appropriate introductory health and safety 
representative's course from a training organisation, that is approved by the Victorian WorkCover 
Authority, having regard to course places and the Employer's operations and chosen by the health and 
safety representative in consultation with the Employer. 

52.5 The Employer shall meet any reasonable costs incurred. Leave under this clause must only be granted 
to an Employee on one occasion and is additional to Trade Union Training Leave. 

52.6 GEO shall, in accordance with accepted occupational health standards provide immunisation to all 
employees covered under this Agreement for Hepatitis Band influenza. The immunisation program will 
be implemented by qualified staff at each establishment. GEO will also meet the cost of any subsequent 
tests to verify if the Hepatitis B vaccination has taken effect. 

52.7 The Employer will provide mandatory critical incident stress debriefing [CISD] for all employees, who 
are directly involved with critical incidents, or who are emotionally connected with the incident or 
persons involved in the incident. 

53. CLOTHING, EQUIPMENT AND TOOLS 

53.1 GEO will provide a corporate uniform in accordance with GEO's Uniform Policy. 

53.2 GEO will provide all necessary equipment and tools to allow employees to perform their work. 

54. FIRST AID 

54.1 The Employer will cover the cost of obtaining and maintaining basic First Aid certification for all 
employees. 

FCC ENTERPRISE AGREEMENT 2020 VOTING VERSION Page 26 of 30 


50. TRADE UNION TRAINING LEAVE 50.1 An employee nominated by the CPSU and accepted by a training provider to attend a trade union training course may be granted up to 60 hours leave on full pay in any one calendar year to attend same. 50.2 An employee may be granted paid leave under this clause in excess of 60 hours and up to 120 hours in any one calendar year subject to the total leave taken in that year and the subsequent year not exceeding 120 hours. PART 9 - OCCUPATIONAL HEALTH AND SAFETY MATTERS, EQUIPMENT, TOOLS AND AMENITIES 51. WORKERS COMPENSATION 51.1 An employee who is absent on workers compensation shall receive benefits including wages in accordance with Victorian WorkCover legislation. 51.2 "Make-up" pay to 100% of the employee's weekly wage will be paid up for a period up to thirty nine (39) weeks from the date of the workers compensation injury or illness for which liability has been accepted. 52. OCCUPATIONAL HEALTH AND SAFETY 52.1 The Company will comply with the Occupational Health and Safety Act 2004 (Vic). 52.2 The Company will engage in consultation with the CPSU on any matters related to the health and safety of employees. 52.3 An employee elected, in accordance with the procedures in the Occupational Health and Safety Act 2004 (Vic) as an Occupational Health and Safety Representative or Occupational Health and Safety Committee member shall be recognised as such by GEO. 52.4 An employee, upon election as a health and safety representative, shall be granted up to five days' paid leave, as soon as practicable after election, to undertake an appropriate introductory health and safety representative's course from a training organisation, that is approved by the Victorian WorkCover Authority, having regard to course places and the Employer's operations and chosen by the health and safety representative in consultation with the Employer. 52.5 The Employer shall meet any reasonable costs incurred. Leave under this clause must only be granted to an Employee on one occasion and is additional to Trade Union Training Leave. 52.6 GEO shall, in accordance with accepted occupational health standards provide immunisation to all employees covered under this Agreement for Hepatitis B and influenza. The immunisation program will be implemented by qualified staff at each establishment. GEO will also meet the cost of any subsequent tests to verify if the Hepatitis B vaccination has taken effect. 52.7 The Employer will provide mandatory critical incident stress debriefing [CISD] for all employees, who are directly involved with critical incidents, or who are emotionally connected with the incident or persons involved in the incident. 53. CLOTHING, EQUIPMENT AND TOOLS 53.1 GEO will provide a corporate uniform in accordance with GEO's Uniform Policy. 53.2 GEO will provide all necessary equipment and tools to allow employees to perform their work. 54. FIRST AID 54.1 The Employer will cover the cost of obtaining and maintaining basic First Aid certification for all employees. FCC ENTERPRISE AGREEMENT 2020 VOTING VERSION Page 26 of 30




 



54.2 Where an employee is required to have a varied or higher First Aid certification, the Employer will cover 
the cost of obtaining and maintaining the appropriate Level First Aid certification for the relevant 
employee only. 

PART 10 - AGREEMENT AVAILABILITY AND COMPLIANCE 

55. TIME AND RECORDS 

55.1 All employees covered by this Agreement will be required to record their attendance and departure 
from work in the manner required by the Employer when entering the facility and leaving the facility. 

55.2 Time and wages records shall be kept in accordance with the Act and the Fair Work Regulations 2009. 

55.3 Pay slips shall be in the form and be issued as required by the Act and the Fair Work Regulations 2009. 

55.4 Time and wages records shall be kept available for inspection as required by the Act and the Fair Work 
Regulations 2009. 

55.5 Time and wages records shall be retained by GEO as required by the Act and the Fair Work Regulations 
2009. 

56. AVAILABILITY OF THIS AGREEMENT 

56.1 Employees can obtain a copy of this Agreement and any variations to it from their Human Resources 
Manager. This Agreement will also be available on the Fulham Correctional Centre intra net. 

S7. NEXT AGREEMENT 

57.1 To the extent permitted by law, the CPSU and GEO will begin discussions 6 months prior to the expiry of 
this Agreement with a view to expeditiously preparing for the next Agreement. 

58. NO EXTRA CLAIMS 

58.1 No extra claims of any nature or type will be made by any party or on behalf of any party during the 
term of this Agreement including claims that relate to changes in the conditions of employment or any 
other matters related to the employment of employees, whether dealt with in this Agreement or not. 

FCC ENTERPRISE AGREEMENT 2020 VOTING VERSION Page 27 of 30 


54.2 Where an employee is required to have a varied or higher First Aid certification, the Employer will cover the cost of obtaining and maintaining the appropriate Level First Aid certification for the relevant employee only. PART 10 - AGREEMENT AVAILABILITY AND COMPLIANCE 55. TIME AND RECORDS 55. All employees covered by this Agreement will be required to record their attendance and departure from work in the manner required by the Employer when entering the facility and leaving the facility. 55.2 Time and wages records shall be kept in accordance with the Act and the Fair Work Regulations 2009. 55.3 Pay slips shall be in the form and be issued as required by the Act and the Fair Work Regulations 2009. 55.4 Time and wages records shall be kept available for inspection as required by the Act and the Fair Work Regulations 2009. 55.5 Time and wages records shall be retained by GEO as required by the Act and the Fair Work Regulations 2009 56. AVAILABILITY OF THIS AGREEMENT 56.1 Employees can obtain a copy of this Agreement and any variations to it from their Human Resources Manager. This Agreement will also be available on the Fulham Correctional Centre intranet. 57. NEXT AGREEMENT 57.1 To the extent permitted by law, the CPSU and GEO will begin discussions 6 months prior to the expiry of this Agreement with a view to expeditiously preparing for the next Agreement. 58. NO EXTRA CLAIMS 58.1 No extra claims of any nature or type will be made by any party or on behalf of any party during the term of this Agreement including claims that relate to changes in the conditions of employment or any other matters related to the employment of employees, whether dealt with in this Agreement or not. FCC ENTERPRISE AGREEMENT 2020 VOTING VERSION Page 27 of 30




 



Signed for and on behalf ofThe GEO Group 
Australia Pty Ltd ABN 24 051130 600 by its 

Date: 

Managitlg Director 

In the presence of: 

......... t.lQ.e;;::?ct.1-lkL/.L .................. . 

Signature of witness 

Signed for and on behalf of the Community and 
Public Sector Union as a representative of 
employees covered this Agreement by its authorised 
officer: 

Signature of authorised officer 

Authority 

In the presence of: . / 

/Jc__ ( o(A/V'/J-e~ 
..................................................................... 

Signature of witness 

FCC ENTERPRISE AGREEMENT 2020 VOTING VERSION 

Pieter Bezuidenhout 
Address: L18, 44 Market Street Sydney. NSW 2000 

. .. ~P ....... -...0.J. t~:.v.~ \. ( ............... . 
Name of witness 
Address: L18, 44 Market Street Sydney. NSW 2000 

Name of authorised officer 
Address: 

3 

U~J"" e· fu w /\,_(e.~c/ 

~/12-r ~;( ,lrr-h~V\ j+ 
... ../~1 ... 8-:. f r /\. 'J QUO 

Name of witness 
Address: 

Page 28 ol 30 


. .... Signed for and on behalf of The GEO Group Australia Pty Ltd ABN 24 051 130 600 by its authorised officer: 19 JUNE 2020 Date: ........... Signature of authorised officer Pieter Bezuidenhout Address: L18, 44 Market Street Sydney. NSW 2000 Managing Director In the presence of: ROD CASIMIR Signature of witness Name of witness Address: L18, 44 Market Street Sydney. NSW 2000 Signed for and on behalf of the Community and Public Sector Union as a representative of employees covered this Agreement by its authorised officer: 24 June 2020 Marin Bast KAREN BATT Signature of authorised officer Name of authorised officer Address: L4. 128 Exhibition 87. Branch Secretary MELBOURNE VIC 3000 Authority Wayne Downsend In the presence of: 4/128 Exhibition St WC lounserd Melba Ibourne 3000 Signature of witness Name of witness Address: FCC ENTERPRISE AGREEMENT 2020 VOTING VERSION Page 28 of 30




 



SCHEDULE 1 RATES OF PAY 

Date Effective 28 January 2020 (unless otherwise 
Casual Hourly Rate 

Annual Fortnightly 
specified below) (includes 25% 

loading) 

Trainee - per hour (1. 7 % increase) 20.63 1,650.40 

Correctional Officer 1 (1.7 % increase) 71,403.641 2,746.29 40.86 

Correctional Officer 2 (1.7 % increase) 75,665.26 2,910.20 43.30 

Correctional Supervisor 1 - (1. 7 % increase) 76,535.11 2,943.66 42.05 

Correctional Supervisor 2 - (1. 7 % increase) 80,670.85 3,102.73 44.32 

Correctional Supervisor 1 - (supplementary increase 

effective 6 months from the date of approval of this 84,129.19 3,235.74 48.15 
Agreement by the Fair Work Commission) 

Correctional Supervisor 2 - (supplementary increase 

effective 6 months from the date of approval of this 91,569.19 3,521.89 52.41 
Agreement by the Fair Work Commission) 

Catering Officer - (2.5% increase) 69,750.93 2,682.73 40.23 

Catering Supervisor - (2.5% increase) 76,628.84 2,947.26 

First anniversary of Agreement (2.5% increase) 
Casual Hourly Rate 

Annual Fortnightly 
Date Effective 28 January 2021 (includes 25% 

loading) 

Trainee 21.15 1,692.00 

Correctional Officer 1 73,188.73 2,814.95 41.88 

Correctional Officer 2 77,556.89 2,982.96 44.38 

Correctional Supervisor 1 86,232.42 3,316.63 49.35 

Correctional Supervisor 2 93,858.42 3,609.94 53.72 

Catering Officer 71,494.70 2,749.80 41.24 

Catering Supervisor 78,544.56 3,020.94 

Second anniversary of Agreement (2.5% increase) 
Casual Hourly Rate 

Annual Fortnightly 
Date Effective 28 January 2022 (includes 25% 

loading) 

Trainee 21.68 1,734.40 

Correctional Officer 1 75,018.45 2,885.33 42.93 

Correctional Officer 2 79,495.81 3,057.53 45.49 

Correctional Supervisor 1 88,388.23 3,399.55 50.58 

Correctional Supervisor 2 96,204.88 3,700.19 55.06 

Catering Officer 73,282.07 2,818.54 42.27 

Catering Supervisor 80,508.17 3,096.47 

FCC ENTERPRISE AGREEMENT 2020 VOTING VERSION Page 29 of 30 


SCHEDULE 1 RATES OF PAY Date Effective 28 January 2020 (unless otherwise Casual Hourly Rate specified below) Annual Fortnightly (includes 25% loading) Trainee - per hour (1.7 % increase) 20.63 1,650.40 Correctional Officer 1 (1.7 % increase) 71,403.641 2,746.29 40.86 Correctional Officer 2 (1.7 % increase) 75,665.26 2,910.20 43.30 Correctional Supervisor 1 - (1.7 % increase) 76,535.11 2,943.66 42.01 Correctional Supervisor 2 - (1.7 % increase) 80,670.85 3,102.73 44.32 Correctional Supervisor 1 - (supplementary increase effective 6 months from the date of approval of this 84,129.19 3,235.74 48.15 Agreement by the Fair Work Commission) Correctional Supervisor 2 - (supplementary increase effective 6 months from the date of approval of this 91,569.19 3,521.89 52.41 Agreement by the Fair Work Commission) Catering Officer - (2.5% increase) 69,750.93 2,682.73 40.23 Catering Supervisor - (2.5% increase) 76,628.84 2,947.26 First anniversary of Agreement (2.5% increase) Casual Hourly Rate Date Effective 28 January 2021 Annual Fortnightly (includes 25% loading) Trainee 21.15 1,692.00 Correctional Officer 1 73,188.73 2,814.95 41.88 Correctional Officer 2 77,556.89 2,982.96 44.38 Correctional Supervisor 1 86,232.42 3,316.63 49.35 Correctional Supervisor 2 93,858.42 3,609.94 53.72 Catering Officer 71,494.70 2,749.80 41.24 Catering Supervisor 78,544.56 3,020.94 Second anniversary of Agreement (2.5% increase) Casual Hourly Rate Date Effective 28 January 2022 Annual Fortnightly (includes 25% loading Trainee 21.68 1,734.40 Correctional Officer 1 75,018.45 2,885.33 42.93 Correctional Officer 2 79,495.81 3,057.53 45.49 Correctional Supervisor 1 88,388.23 3,399.55 50.58 Correctional Supervisor 2 96,204.88 3,700.19 55.06 Catering Officer 73,282.07 2,818.54 42.27 Catering Supervisor 80,508.17 3,096.47 FCC ENTERPRISE AGREEMENT 2020 VOTING VERSION Page 29 of 30




 



SCHEDULE 2 RIGHT TO REQUEST CASUAL CONVERSION 

{a) A person engaged by the Employer as a regular casual employee may request that their employment 
be converted to full-time or part-time employment. 

(b) A regular casual employee is a casual employee who has in the preceding period of 12 months 
worked a pattern of hours on an ongoing basis which, without significant adjustment, the employee 
could continue to perform as a full-time employee or part-time employee under the provisions of 
this Agreement. 

(c) A regular casual employee who has worked equivalent full-time hours over the preceding period of 
12 months' casual employment may request to have their employment converted to full-time 
employment. 

(d) A regular casual employee who has worked less than equivalent full-time hours over the preceding 
period of 12 months' casual employment may request to have their employment converted to part­
time employment consistent with the pattern of hours previously worked. 

(e) Any request under this Schedule must be in writing and provided to the Employer. 

{f) Where a regular casual employee seeks to convert to full-time or part-time employment, the 
Employer may agree to or refuse the request, but the request may only be refused on reasonable 
grounds and after there has been consultation with the employee. 

(g) Reasonable grounds for refusal include that: 

(i) 

(ii) 

(iii) 

(iv) 

(v) 

it would require a significant adjustment to the casual employee's hours of work in order for 
the employee to be engaged as a full-time or part-time employee in accordance with the 
provisions of this award - that is, the casual employee is not truly a regular casual employee 
as defined in paragraph (b); 

it is known or reasonably foreseeable that the regular casual employee's position will cease 
to exist within the next 12 months; 

it is known or reasonably foreseeable that the hours of work which the regular casual 
employee is required to perform will be significantly reduced in the next 12 months; or 

it is known or reasonably foreseeable that there will be a significant change in the days; 
and/or 

times at which the employee's hours of work are required to be performed in the next 12 
months which cannot be accommodated within the days and/or hours during which the 
employee is available to work. 

(h) For any ground of refusal to be reasonable, it must be based on facts which are known or reasonably 
foreseeable. 

(i) Where the Employer refuses a regular casual employee's request to convert, the Employer must 
provide the casual employee with the Employer's reasons for refusal in writing within 21 days of the 
request being made. If the employee does not accept the Employer's refusal, this will constitute a 
dispute that will be dealt with under the dispute resolution procedures of the Agreement. Under 
that procedure, the employee or the Employer may refer the matter to the Fair Work Commission if 
the dispute cannot be resolved at the workplace level. 

(j) Where it is agreed that a casual employee will have their employment converted to full-time or part­
time employment as provided for in this Schedule, the Employer and employee must discuss and 
record in writing. 

FCC ENTERPRISE AGREEMENT 2020 VOTING VERSION Page 30 of 30 


SCHEDULE 2 RIGHT TO REQUEST CASUAL CONVERSION (a) A person engaged by the Employer as a regular casual employee may request that their employment be converted to full-time or part-time employment. (b) A regular casual employee is a casual employee who has in the preceding period of 12 months worked a pattern of hours on an ongoing basis which, without significant adjustment, the employee could continue to perform as a full-time employee or part-time employee under the provisions of this Agreement. (c) A regular casual employee who has worked equivalent full-time hours over the preceding period of 12 months' casual employment may request to have their employment converted to full-time employment. (d) A regular casual employee who has worked less than equivalent full-time hours over the preceding period of 12 months' casual employment may request to have their employment converted to part- time employment consistent with the pattern of hours previously worked. (e) Any request under this Schedule must be in writing and provided to the Employer. (f) Where a regular casual employee seeks to convert to full-time or part-time employment, the Employer may agree to or refuse the request, but the request may only be refused on reasonable grounds and after there has been consultation with the employee. (g) Reasonable grounds for refusal include that: (i) it would require a significant adjustment to the casual employee's hours of work in order for the employee to be engaged as a full-time or part-time employee in accordance with the provisions of this award - that is, the casual employee is not truly a regular casual employee as defined in paragraph (b); (ii) it is known or reasonably foreseeable that the regular casual employee's position will cease to exist within the next 12 months; (iii) it is known or reasonably foreseeable that the hours of work which the regular casual employee is required to perform will be significantly reduced in the next 12 months; or (iv) it is known or reasonably foreseeable that there will be a significant change in the days; and/or (v) times at which the employee's hours of work are required to be performed in the next 12 months which cannot be accommodated within the days and/or hours during which the employee is available to work. (h) For any ground of refusal to be reasonable, it must be based on facts which are known or reasonably foreseeable. (i) Where the Employer refuses a regular casual employee's request to convert, the Employer must provide the casual employee with the Employer's reasons for refusal in writing within 21 days of the request being made. If the employee does not accept the Employer's refusal, this will constitute a dispute that will be dealt with under the dispute resolution procedures of the Agreement. Under that procedure, the employee or the Employer may refer the matter to the Fair Work Commission if the dispute cannot be resolved at the workplace level. (i) Where it is agreed that a casual employee will have their employment converted to full-time or part- time employment as provided for in this Schedule, the Employer and employee must discuss and record in writing. FCC ENTERPRISE AGREEMENT 2020 VOTING VERSION Page 30 of 30




 



IN THE FAIR WORK COMMISSION 

FWC Matter No.: AG2020/1814 Re: the Fulham Correctional Centre Enterprise Agreement 
2020 

Applicant: The GEO Group Australia Pty Ltd 

Undertaking - Section 190 

I, Pieter Bezuidenhout, Managing Director of The GEO Group Australia Pty Ltd (GEO), being 
authorised by my position to do so, give the following undertakings with respect to the Fulham 
Correctional Centre Enterprise Agreement 2020 (Agreement): 

1. The Agreement will be read and interpreted in conjunction with the National Employment 
Standards (NES). Where there is an inconsistency between the Agreement and the NES, 
and the NES provides a greater benefit, the NES provision will apply to the extent of any 
inconsistency. This includes, but is not limited to the operation of clauses 15.3, 29.1, 32.2.4 
and 35.1.2 of the Agreement. 

2. Casual and Part-time employees - at the end of each calendar month GEO will determine 
for each casual or part-time employee who has worked on a night shift, Sunday or public 
holiday during full pay periods ending in that calendar month, whether there is any shortfall 
in total remuneration of the employee when compared with the Corrections and Detention 
(Private Sector) Award 2020 (Award). The amount of any shortfall identified by GEO plus 
an amount of 1 % of the remuneration calculated under the Award for the applicable period 
will be paid to the affected employee in the next pay period after the review is completed. 

3. Part-time employees - the entitlement of part-time employees to overtime under the 
Agreement will be in accordance with clause 10.7 of the Award, which will apply in place 
of clause 25 of the Agreement. 

4. Trainee Correctional Officers - at the end of the training period GEO will determine whether 
there is any shortfall in total remuneration of the trainee during that training period when 
compared with the Award. The amount of any shortfall identified by GEO plus an amount 
of 1 % of the remuneration calculated under the Award for the applicable period will be paid 
to the employee in the next pay period after the review is completed. 

5. Correctional Supervisors - in the event of a Correctional Supervisor being assigned to 
permanent night shift, GEO will at the end of each calendar month of that assignment, 
determine whether there is any shortfall in total remuneration of the employee during full 
pay periods ending in that calendar month when compared with the Award. The amount 
of any shortfall identified by GEO plus an amount of 1 % of the remuneration calculated 
under t ward for the applicable period will be paid to the employee in the next pay 

r the r iew is completed. 

Date 


IN THE FAIR WORK COMMISSION FWC Matter No .: AG2020/1814 Re: the Fulham Correctional Centre Enterprise Agreement 2020 Applicant: The GEO Group Australia Pty Ltd Undertaking - Section 190 I, Pieter Bezuidenhout, Managing Director of The GEO Group Australia Pty Ltd (GEO), being authorised by my position to do so, give the following undertakings with respect to the Fulham Correctional Centre Enterprise Agreement 2020 (Agreement): 1. The Agreement will be read and interpreted in conjunction with the National Employment Standards (NES). Where there is an inconsistency between the Agreement and the NES, and the NES provides a greater benefit, the NES provision will apply to the extent of any inconsistency. This includes, but is not limited to the operation of clauses 15.3, 29.1, 32.2.4 and 35.1.2 of the Agreement. 2. Casual and Part-time employees - at the end of each calendar month GEO will determine for each casual or part-time employee who has worked on a night shift, Sunday or public holiday during full pay periods ending in that calendar month, whether there is any shortfall in total remuneration of the employee when compared with the Corrections and Detention (Private Sector) Award 2020 (Award). The amount of any shortfall identified by GEO plus an amount of 1% of the remuneration calculated under the Award for the applicable period will be paid to the affected employee in the next pay period after the review is completed. 3. Part-time employees - the entitlement of part-time employees to overtime under the Agreement will be in accordance with clause 10.7 of the Award, which will apply in place of clause 25 of the Agreement. 4. Trainee Correctional Officers - at the end of the training period GEO will determine whether there is any shortfall in total remuneration of the trainee during that training period when compared with the Award. The amount of any shortfall identified by GEO plus an amount of 1% of the remuneration calculated under the Award for the applicable period will be paid to the employee in the next pay period after the review is completed. 5. Correctional Supervisors - in the event of a Correctional Supervisor being assigned to permanent night shift, GEO will at the end of each calendar month of that assignment, determine whether there is any shortfall in total remuneration of the employee during full pay periods ending in that calendar month when compared with the Award. The amount of any shortfall identified by GEO plus an amount of 1% of the remuneration calculated under the Award for the applicable period will be paid to the employee in the next pay period after the review is completed. 13/7/2020 Pieter Bezuidenhout Date

Cases cited by this decision: