Chrysalis Montessori School Inc

[2022] FWCA 659

[2022] FWCA 659

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Chrysalis Montessori School Inc

(AG2022/43)

Chrysalis Montessori School Teaching Staff Workplace Agreement 2021

Educational services
COMMISSIONER YILMAZ	MELBOURNE, 24 FEBRUARY 2022

Application for approval of the Chrysalis Montessori School Workplace Agreement 2021 Teaching Staff

1. An application has been made for approval of an enterprise agreement known as the Chrysalis Montessori School Workplace Agreement 2021 Teaching Staff (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Chrysalis Montessori School Inc. The Agreement is a single enterprise agreement.

1. I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. I observe that clause 19.2 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 4.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

1. The Agreement is approved and in accordance with s.54, will operate from 3 March 2022. The nominal expiry date of the Agreement is 30 January 2024.

COMMISSIONER

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