Melbourne Montessori School Ltd T/A Melbourne Montessori School

[2018] FWCA 68

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Melbourne Montessori School Ltd T/A Melbourne Montessori School

(AG2017/3938)

Melbourne Montessori School Enterprise Agreement 2017

Educational services
Commissioner Gregory	MELBOURNE, 15 JANUARY 2018

Application for approval of the Melbourne Montessori School Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Melbourne Montessori School Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Melbourne Montessori School Ltd T/A Melbourne Montessori School. The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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 of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 January 2018. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Melbourne Montessori School Limited, trading as the Melbourne Montessori School, applied for the approval of the Melbourne Montessori School Enterprise Agreement 2017, which it had entered into with the Australian Education Union (Vic Branch). The application was made under section 185 of the Fair Work Act 2009, and the dispute was heard in the Fair Work Commission.

The legal issues before the Commission were whether the agreement met the 'better off overall test', whether it included mandatory bargaining items, and if it complied with the other legislative requirements. The Commission had to consider if the agreement provided employees with a safety net of minimum entitlements and if it contained any term that was less favourable than the applicable award or the National Employment Standards.

The Fair Work Commission determined that the agreement met the better off overall test, as it provided employees with a safety net of minimum entitlements and included a pay rise that was more favourable than the applicable award. The Commission also found that the agreement contained no term that was less favourable than the applicable award or the National Employment Standards. Therefore, the application for approval was granted, and the Melbourne Montessori School Enterprise Agreement 2017 was approved.

The Fair Work Commission approved the Melbourne Montessori School Enterprise Agreement 2017, and it came into effect on the date of the approval. The agreement provided employees with a pay rise and other benefits, which were more favourable than the applicable award, and it met the better off overall test. The Commission found that the agreement contained no term that was less favourable than the applicable award or the National Employment Standards.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established