Application by The Geo Group Australia Pty Limited
Citation: [2026] FWC 2756
What happened
The Geo Group Australia Pty Limited (GEO) operates Fulham Correctional Centre and Ravenhall Correctional Centre in Victoria. The Community and Public Sector Union (CPSU) is negotiating enterprise agreements with GEO for both facilities. GEO sought orders under section 424 of the Fair Work Act to suspend protected industrial action, including a four-hour stoppage and further stoppages planned for July 14, 2026. GEO claimed the industrial action threatened the safety and welfare of employees, prisoners, and the public.
What was decided
The Fair Work Commission (FWC) dismissed GEO’s application to suspend protected industrial action. The Commissioner found that the evidence did not support a finding that the industrial action would endanger life, personal safety, health, or welfare. The FWC considered previous Full Bench decisions regarding section 424 of the Act and emphasized the need for an evidential basis to satisfy the requirements of the legislation.
What it means for employers
Employers seeking to suspend protected industrial action must provide sufficient evidence demonstrating a direct threat to life, safety, health, or welfare. Mere inconvenience is not enough. Employers should carefully assess the potential impact of industrial action and gather relevant data before applying for suspension orders.
What it means for employees
Employees participating in protected industrial action have a right to do so, but this right can be curtailed if it poses a significant threat to safety or welfare. The FWC will scrutinize applications to suspend such action carefully, requiring concrete evidence of harm.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →