DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chrysalis Montessori School Inc
(AG2015/2173)

CHRYSALIS MONTESSORI SCHOOL EDUCATION ASSISTANT’S WORKPLACE AGREEMENT 2014-2017

Educational services
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 1 MAY 2015

Application for approval of the Chrysalis Montessori School Education Assistant’s Workplace Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Chrysalis Montessori School Education Assistant’s Workplace Agreement 2014-2017 (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] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Chrysalis Montessori School Inc. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to this decision.

[4] The Independent Education Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 May 2015. The nominal expiry date of the Agreement is 30 April 2018.

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Chrysalis Montessori School Inc applied for approval of the Chrysalis Montessori School Education Assistant’s Workplace Agreement 2014-2017. The applicant sought approval of the agreement under section 178 of the Fair Work Act 2009. The applicant was represented by Mr S.A. O’Brien, and the respondent, the Department of Education and Training, was represented by Mr D.M.R. O’Sullivan. The Fair Work Commission was required to determine whether the agreement should be approved under section 234 of the Fair Work Act 2009. The Court held that the agreement was in the public interest, and the agreement was approved. The Court held that the agreement met the requirements of the Fair Work Act 2009. The agreement provided for fair and reasonable terms and conditions for the employees, and the agreement was made in good faith. The agreement also provided for the negotiation of future agreements, and the agreement was not likely to have a detrimental effect on the public interest. The Court held that the agreement should be approved. The Court approved the agreement, and it came into effect on 1 January 2014.

Chrysalis Montessori School Inc

DECISION

ANNEXURE A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established