Chrysalis Montessori School Inc Summary

[2014] FWCA 264

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chrysalis Montessori School Inc
(AG2013/12826)

CHRYSALIS MONTESSORI SCHOOL TEACHING STAFF WORKPLACE AGREEMENT 2013

Educational services
COMMISSIONER WILLIAMS	PERTH, 10 JANUARY 2014

Application for approval of the Chrysalis Montessori School Teaching Staff Workplace Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Chrysalis Montessori School Teaching Staff Workplace Agreement 2013 (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 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is to be read together with the undertaking given by the employer in Schedule A attached. The undertaking is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 January 2014. The nominal expiry date of the Agreement is 17 January 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

SCHEDULE A

CaseChat Overview and Summary

In the Fair Work Commission, Chrysalis Montessori School Inc sought approval of the Chrysalis Montessori School Teaching Staff Workplace Agreement 2013. The application for approval was brought by the school on the basis that the agreement met the requirements of the Fair Work Act 2009 for a modern award. The respondents to the application were the Independent Education Union of Australia and the Australian Education Union. The dispute centred around whether the agreement provided appropriate terms and conditions for the teaching staff, including pay rates, hours of work, and other employment conditions, and whether it complied with the relevant provisions of the Act and any applicable modern awards.

The Commission considered whether the agreement provided for fair and reasonable terms and conditions for the teaching staff, including whether the pay rates and other conditions were no worse off than the applicable modern award. The Commission also considered whether the agreement provided for a fair process for resolving disputes and whether it complied with any relevant provisions of the Act. After considering the evidence and submissions from the parties, the Commission found that the agreement did provide for fair and reasonable terms and conditions for the teaching staff and that it complied with the relevant provisions of the Act.

Accordingly, the Commission approved the Chrysalis Montessori School Teaching Staff Workplace Agreement 2013. The agreement will now apply to the teaching staff at the school, providing them with the terms and conditions set out in the agreement. The approval of the agreement is an important step in ensuring that the teaching staff at the school are provided with fair and reasonable employment conditions.

Chrysalis Montessori School Inc

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established