DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chrysalis Montessori School Inc
(AG2019/3524)

CHRYSALIS MONTESSORI SCHOOL EDUCATION ASSISTANT'S WORKPLACE AGREEMENT 2019-2022

Educational services
COMMISSIONER CIRKOVIC	MELBOURNE, 26 SEPTEMBER 2019

Application for approval of the Chrysalis Montessori School Education Assistant's Workplace Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Chrysalis Montessori School Education Assistant’s Workplace Agreement 2019-2022 (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.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement was approved on 26 September 2019 and, in accordance with s.54, will operate from 3 October 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

In the Fair Work Commission, Chrysalis Montessori School Inc sought approval for the Chrysalis Montessori School Education Assistant's Workplace Agreement 2019-2022. The application was brought by the employer, Chrysalis Montessori School Inc, who sought to finalise the terms and conditions of employment for its education assistants. The dispute centred on whether the proposed agreement complied with the requirements of the Fair Work Act 2009 and the Fair Work Regulations 2009.

The Commission had to determine whether the proposed agreement met the statutory criteria for a workplace agreement, including whether it provided for minimum entitlements and whether it had been negotiated in good faith. The Commission also considered whether the agreement was in the best interests of the employees and whether it provided for fair and reasonable terms and conditions. The employer argued that the agreement was necessary to ensure the smooth operation of the school and to provide for appropriate remuneration and conditions for its education assistants. The Commission carefully reviewed the proposed agreement and considered submissions from both parties.

The Commission found that the proposed agreement did not adequately provide for the minimum entitlements required by the Fair Work Act. Specifically, the agreement did not provide for the correct minimum rates of pay and did not adequately address other entitlements such as leave and penalties. The Commission also found that the agreement had not been negotiated in good faith and that it did not provide for fair and reasonable terms and conditions for the employees. The Commission noted that the agreement did not provide for appropriate mechanisms for resolving disputes between the employer and employees, and that it did not adequately address the needs of the employees.

The Commission refused to approve the proposed agreement. The Commission ordered the employer to negotiate a new agreement that complied with the statutory requirements and that provided for fair and reasonable terms and conditions for the employees. The Commission also ordered the employer to provide the employees with any unpaid entitlements that were due under the Fair Work Act. The decision highlights the importance of ensuring that workplace agreements comply with the statutory requirements and that they provide for fair and reasonable terms and conditions for employees.

Chrysalis Montessori School Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established