Melbourne Montessori School Ltd

[2022] FWCA 964

[2022] FWCA 964

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Melbourne Montessori School Ltd

(AG2022/560)

Melbourne Montessori School Enterprise Agreement 2022

Educational services
COMMISSIONER O'NEILL	MELBOURNE, 22 MARCH 2022

Application for approval of the Melbourne Montessori School Enterprise Agreement 2022

1. Melbourne Montessori School Ltd has applied for approval of an enterprise agreement known as the Melbourne Montessori School Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

1. The Employer 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. The undertakings are taken to be a term of the Agreement.

1. 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.

1. 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.

1. I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

·           Clause 13.7(a) – Crediting of annual leave for General Staff;

·           Clause 14.4 – Personal/carer’s leave;

·           Clause 14.10(b) – Notice and evidentiary requirements; and

·           Clause 23.4 – Leave without pay.

However, noting the undertakings given by the Employer, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 March 2022. The nominal expiry date of the Agreement is 31 December 2024.

COMMISSIONER

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Annexure A