DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tabor College Inc T/A Tabor Adelaide
(AG2019/2191)

TABOR ENTERPRISE AGREEMENT 2019

Educational services
COMMISSIONER JOHNS	SYDNEY, 12 SEPTEMBER 2019

Application for approval of the Tabor Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Tabor Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Tabor College Inc T/A Tabor Adelaide. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. 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 a term of the agreement.

[3] Subject to 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] Pursuant to s.186(6) of the Act, the dispute settlement term prescribed by the Fair Work Regulations 2009 (Cth) is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 September 2019. The nominal expiry date of the Agreement is 1 January 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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Annexure A

CaseChat Overview and Summary

Tabor College Inc T/A Tabor Adelaide applied to the Fair Work Commission for approval of the Tabor Enterprise Agreement 2019. The application was made under section 232 of the Fair Work Act 2009. The agreement was entered into between Tabor College Inc and a number of employees represented by the Independent Education Union of Australia. The dispute centred around the procedural fairness of the agreement and whether it complied with the relevant provisions of the Fair Work Act. The key issues before the commission were whether the agreement was genuinely negotiated, and whether it had been properly certified as a simple, single-enterprise agreement.

The commission found that the agreement was genuinely negotiated as it was entered into by the parties without any duress, threats, or coercion. The commission also found that the agreement complied with the requirements of the Fair Work Act, including the provisions relating to procedural fairness. The agreement was certified by a certified bargainer as a simple, single-enterprise agreement, which the commission found to be accurate. The commission noted that the agreement contained provisions that were beneficial to both parties and did not disadvantage any employee.

The Fair Work Commission approved the Tabor Enterprise Agreement 2019, finding that it met the requirements of the Fair Work Act. The commission found that the agreement was genuinely negotiated and that it complied with the relevant provisions of the act, including those relating to procedural fairness. The commission also found that the agreement was accurately certified as a simple, single-enterprise agreement. The approval of the agreement means that it will now be legally binding on the parties and will govern the employment conditions of the employees represented by the union.

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