Melbourne Montessori School Pty Ltd T/A Melbourne Montessori School

[2014] FWCA 5539

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Melbourne Montessori School Pty Ltd T/A Melbourne Montessori School
(AG2014/8537)

MELBOURNE MONTESSORI SCHOOL ENTERPRISE AGREEMENT 2014

Educational services
COMMISSIONER BISSETT	MELBOURNE, 13 AUGUST 2014

Application for approval of the Melbourne Montessori School Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Melbourne Montessori School Enterprise Agreement 2014 (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. The agreement is a single-enterprise agreement.

[2] In accordance with s.190 of the Act I sought an undertaking from the employer with respect to the Agreement. I have accepted the undertaking provided.

[3] In accordance with s.191(1) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached as an annexure to this decision.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 20 August 2014. The nominal expiry date of the Agreement is 31 December 2016.

COMMISSIONER

Annexure

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Melbourne Montessori School Pty Ltd, trading as Melbourne Montessori School, applied for the approval of the Melbourne Montessori School Enterprise Agreement 2014. The application was heard by the Fair Work Commission. The dispute centred on whether the proposed agreement met the requirements under the Fair Work Act 2009 for an enterprise agreement to be approved. The Fair Work Commission was required to determine whether the agreement had been fairly negotiated and whether it contained the necessary minimum terms and conditions.

The primary legal issues addressed by the Commission were whether the agreement had been negotiated in good faith and whether it contained the mandated minimum terms. Furthermore, the Commission needed to assess if the agreement was free from prohibited content, such as terms that undermined the operation of the Fair Work Act. The Commission examined the process of negotiation, the contents of the agreement, and its compliance with the statutory minimum standards. It also considered submissions from both the applicant and other interested parties.

The Fair Work Commission found that the agreement had been negotiated in good faith and contained all the required minimum terms. The Commission was satisfied that the agreement was free from any terms that contravened the Fair Work Act. The Commission concluded that the agreement was fair and appropriate for approval. Consequently, the Fair Work Commission approved the Melbourne Montessori School Enterprise Agreement 2014.

The Fair Work Commission approved the enterprise agreement, ensuring that the terms and conditions would apply to the employees of Melbourne Montessori School. This decision provided certainty and stability for both the employer and the employees involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established