Chrysalis Montessori School Inc

[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

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.

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.

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.

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.

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Chrysalis Montessori School Inc, sought approval for its workplace agreement concerning the teaching staff, as outlined in the Workplace Agreement 2021. The application was heard by the Fair Work Commission, which had to determine whether the agreement complied with the necessary legislative requirements. The dispute centred around whether the agreement sufficiently protected the rights and interests of the teaching staff while adhering to the Fair Work Act 2009.

The legal issues the court had to address were whether the agreement met the criteria for being an individual agreement, if it complied with the terms of the Fair Work Act 2009, and whether it ensured the protection of the teaching staff's rights. Specifically, the court had to scrutinise whether the agreement appropriately balanced the interests of the employer and the employees, and whether it provided sufficient protections for the teaching staff's working conditions, remuneration, and other employment-related matters.

In reaching its decision, the Commission considered the provisions of the Fair Work Act 2009 and relevant case law. It found that the agreement did indeed meet the requirements of an individual workplace agreement and complied with the Act. The Commission also determined that the agreement provided adequate protections for the teaching staff, ensuring that their rights and interests were sufficiently safeguarded. Consequently, the Commission approved the application, finding that the agreement was fair and balanced.

The final orders included the approval of the Chrysalis Montessori School Workplace Agreement 2021 Teaching Staff, with the agreement to be registered with the Fair Work Commission. The teaching staff covered by the agreement would now be bound by its terms, provided they met the legislative requirements for individual workplace agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established