Chrysalis Montessori School Inc

[2023] FWCA 2054

[2023] FWCA 2054

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Chrysalis Montessori School Inc

(AG2023/1945)

CHRYSALIS MONTESSORI SCHOOL EDUCATION ASSISTANT’S WORKPLACE AGREEMENT 2022 TO 2025

Educational services
COMMISSIONER MIRABELLA	MELBOURNE, 6 JULY 2023

Application for approval of the Chrysalis Montessori School Education Assistant’s Workplace Agreement 2022 to 2025.

1. Chrysalis Montessori School Inc (the Employer) has made an application for approval of an enterprise agreement known as the Chrysalis Montessori School Education Assistant’s Workplace Agreement 2022 to 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

1. 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.

1. Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

1. I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 12.3 – Notice of termination (deduction)

• Clause 19(a) – Notice of termination (notice)

1. However, I am satisfied that the Employer’s written undertaking in Annexure A means that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement was approved on 6 July 2023 and, in accordance with s.54, will operate from 13 July 2023. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

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Annexure A