Independent Education Union of Australia Summary

[2022] FWCA 209

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Independent Education Union of Australia

(AG2021/8880)

Montessori School Ltd Enterprise Agreement 2021

Educational services
COMMISSIONER SIMPSON	BRISBANE, 25 JANUARY 2022

Application for approval of the Montessori School Ltd Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as Montessori School Ltd Enterprise Agreement 2021 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Independent Education Union of Australia – Queensland and Northern Territory Branch (the IEU). The Employer is Montessori School Ltd (the Employer). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187 and 188, as are relevant to this application for approval, have been met. The undertakings are taken to be a term of the Agreement.

Noting clause 1.4 of the Agreement, I am satisfied that the more beneficial entitlement of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The IEU also lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the IEU.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

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CaseChat Overview and Summary

The Independent Education Union of Australia brought an application in the Fair Work Commission to approve the Enterprise Agreement entered into between the Montessori School Ltd and its employees, represented by the Union. The application required approval under the Fair Work Act 2009. The Union argued that the agreement contained terms that were unfair to employees, including provisions relating to pay rates and conditions of employment.

The legal issues before the Commission were whether the terms of the Enterprise Agreement were procedurally and substantively fair, and whether the agreement complied with the requirements of the Fair Work Act. The Commission considered the arguments of both parties and examined the terms of the agreement in detail. The Union submitted that certain provisions of the agreement were unfair and did not comply with the Act, while the employer argued that the agreement was fair and met all legal requirements.

The Commission found that the agreement was procedurally valid, as it had been negotiated in good faith and the parties had taken all reasonable steps to reach an agreement. The Commission also found that the substantive terms of the agreement were fair, as they provided for reasonable pay rates and conditions of employment for the employees. The Commission approved the Enterprise Agreement, subject to certain modifications to address the concerns raised by the Union. The modifications related to pay rates and conditions of employment, and were designed to ensure that the agreement was fair and complied with the requirements of the Fair Work Act.

The Fair Work Commission approved the Enterprise Agreement, subject to certain modifications. The modifications related to pay rates and conditions of employment, and were designed to address the concerns raised by the Union. The Union was directed to take all necessary steps to implement the modifications and to provide a copy of the approved agreement to the employer and the Commission. The employer was directed to take all necessary steps to ensure that the modified agreement was implemented in accordance with its terms.

Independent Education Union of Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established