There has been some discussions with Tabcorp in regards to your Enterprise Bargaining Agreement. As you all know, the issue of the Better off Overall Test has been the sticking point in the negotiations.

On Friday 25 May the Union and Tabcorp met to discuss a possible way forward due to the impasse that we have reached.

The Union and Tabcorp agree that a New Approaches application is the best course of action to quickly resolve any disputes relating to making a new enterprise agreement.

About New Approaches
One of the functions of the Fair Work Commission is ‘promoting cooperative and productive workplace relations and preventing disputes’ (see s.576(2)(aa) of the Fair Work Act 2009).

The Commission can help employers, employees and their representatives build cooperative and productive workplaces that accept change and foster innovation.

New Approaches complements the Commission’s existing dispute resolution and bargaining functions by providing a formal process to help parties to work together effectively to prevent disputes before they develop.

The New Approaches jurisdiction enables the Commission to work with parties to:

  • promote cooperative and productive workplace relations through interest-based approaches to bargaining for enterprise agreements
  • develop new ways of resolving conflict or disputes at the workplace using interest-based problem-solving
  • support the introduction of change, innovation and productivity improvement through new ways of collaborating outside of the bargaining cycle, and before a dispute occurs.

Process overview
Please note: this model illustrates an overview of the New Approaches process. Some applications may be more complex, so the process may require additional steps.


In the interim, we have asked that Tabcorp confirm its position regarding the application of administrative pay increases in August.

We look forward to working with Tabcorp in the New Approaches program and we hope that some resolution is reached so that future EBA negotiations do not incur the same difficulties.

We will keep you updated of our progress.