Chrysalis Montessori School Inc

[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.

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.

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.

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.

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)

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.

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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Chrysalis Montessori School Inc, sought approval of the Workplace Agreement for Education Assistants for the period 2022 to 2025. The matter was heard in the Fair Work Commission (FWC). The central issue before the FWC was whether the proposed agreement complied with the relevant legislative provisions and whether it was in the best interests of the employees it sought to cover.

The court examined the agreement against the criteria set out in the Fair Work Act 2009. This included assessing whether the agreement met the requirements for coverage, whether it contained appropriate dispute resolution mechanisms, and whether it was likely to promote improved productivity, efficiency, and profitability without unduly harming employees. The FWC also considered the views of the employees and whether the agreement provided fair and reasonable terms and conditions of employment. After careful consideration, the FWC determined that the agreement was compliant with the legislative requirements and was in the best interests of the employees.

The FWC concluded that the agreement provided for fair and reasonable terms and conditions of employment, and that it was likely to promote the objectives of the Act. The FWC approved the Workplace Agreement for Education Assistants for the period 2022 to 2025. The decision was based on the evidence presented, the views of the employees, and the FWC's assessment of the agreement against the relevant criteria. The court found that the agreement met the requirements for coverage and contained appropriate dispute resolution mechanisms. The FWC also found that the agreement was likely to promote improved productivity, efficiency, and profitability without unduly harming employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established