DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tabor College Inc T/A Tabor Adelaide
(AG2015/7665)

TABOR ADELAIDE ENTERPRISE AGREEMENT 2014

Educational services
COMMISSIONER GREGORY	MELBOURNE, 1 FEBRUARY 2016

Application for approval of the Tabor Adelaide Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Tabor Adelaide Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tabor College Inc T/A Tabor Adelaide. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 February 2016. The nominal expiry date of the Agreement is 7 February 2019.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the matter of Tabor College Inc, trading as Tabor Adelaide, was heard on an application for approval of the Tabor Adelaide Enterprise Agreement 2014. The applicant, Tabor College Inc, sought to have the agreement approved under the Fair Work Act 2009. The respondents included various unions and individual employees who opposed the application, primarily on the grounds that the agreement did not meet the requirements for "better off overall" and "no disadvantage" tests.

The legal issues before the Commission centred on whether the Tabor Adelaide Enterprise Agreement 2014 satisfied the statutory requirements for approval, particularly whether it met the "better off overall" and "no disadvantage" tests. The "better off overall" test required that the agreement provided employees with a package of terms and conditions that were at least as good as those under their previous agreement or applicable law. The "no disadvantage" test mandated that no employee should be worse off as a result of the agreement.

The Commission evaluated the agreement by comparing it to the previous enterprise agreement and the applicable awards. It considered the changes proposed in the new agreement, including alterations to wages, hours, and other conditions of employment. The Commission found that while some employees might experience minor disadvantages, the overall package provided by the new agreement was at least as good as the previous one, thereby satisfying the "better off overall" test. The Commission also concluded that the agreement did not place any employee in a position worse than they were before, thus meeting the "no disadvantage" test. Based on this analysis, the Commission approved the Tabor Adelaide Enterprise Agreement 2014.

Tabor College Inc T/A Tabor Adelaide

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established