Application by The Geo Group Australia Pty Limited
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.
Want this applied to your situation?
Reading the decision is free. FairWork Mate goes further — it reads the full case library and applies precedents like this one to your specific facts, citing the cases as it reasons. General information, not a guaranteed outcome or legal advice.
Send your details to Liquid Employment Lawyers
Liquid Employment Lawyers is a paid legal service and our referral partner, not free Fair Work advice. FairWork Mate may receive a referral fee from Liquid Legal. Tell them what has happened and a member of their team will call you back. For free general guidance, use our tools or call the Fair Work Ombudsman on 13 13 94.
Prefer to read first? About Liquid Employment Lawyers · Not sure if you need a lawyer? Read the legal help guides
Want more cases like this?
FairWork Mate tracks Fair Work Ombudsman, Fair Work Commission and Federal Court decisions across Australia. The AI advisor answers plain-English questions grounded on the full corpus — awards cited, industry, penalty amounts and affected employee counts — with a citation to the underlying decision on every answer.
FairWork Mate AI
This is one decision. Pro reads all of them.
Free case pages cite the top 250 decisions. Pro opens the full Fair Work Commission and Federal Court library, cross-references your own situation against it, and cites the decision behind every answer — plus document upload, so it can read your letter or contract line by line. 150 questions a month, cancel anytime.
Renews monthly at A$29.99 until you cancel. By continuing you agree to our Terms.
Get notified on new Fair Work cases
Free email alerts when we publish new underpayment decisions, penalty orders, and workplace law updates.