Montessori School Ltd

Case

[2024] FWCA 3988

15 NOVEMBER 2024


[2024] FWCA 3988

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.218A - application to vary an agreement to correct or amend errors, defects or irregularities

Montessori School Ltd

(AG2024/4429)

MONTESSORI SCHOOL LTD ENTERPRISE AGREEMENT 2024

Educational services

DEPUTY PRESIDENT DEAN

CANBERRA, 15 NOVEMBER 2024

Application for variation of the Montessori School Ltd Enterprise Agreement 2024.

  1. Montessori School Ltd (Applicant) has made an application pursuant to s.218A of the Fair Work Act 2009 (the Act) to vary the Montessori School Ltd Enterprise Agreement 2024 (the Agreement) to correct or amend an error, defect or irregularity in the Agreement.

  1. The Applicant seeks to vary the rates of pay for Teachers in Schedule 1 of the Agreement, which the Applicant submits do not include the pay increases that were agreed to pay with effect from 1 May 2024 due to an administrative error.

  1. The Agreement was approved by the Commission on 25 October 2024 and commenced operation on 1 November 2024. The Independent Education Union of Australia is covered by the Agreement and supports the variation application.

  1. I am satisfied that the error in the Agreement sought to be amended is an obvious error. I am satisfied the variation should be made, and that it is appropriate to do so pursuant to s.218A of the Act.

  1. The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision. The variation operates from the date the Agreement commenced, being 1 November 2024.


DEPUTY PRESIDENT

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