Montessori School Ltd Summary

[2024] FWCA 3732

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Montessori School Ltd

(AG2024/3787)

MONTESSORI SCHOOL LTD ENTERPRISE AGREEMENT 2024

Educational services
DEPUTY PRESIDENT DEAN	CANBERRA, 25 OCTOBER 2024

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

An application has been made for approval of an enterprise agreement known as the Montessori School Ltd Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Montessori School Ltd (Employer). The Agreement is a single enterprise agreement.

The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the agreement.

Subject to the undertaking 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 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 1 November 2024. The nominal expiry date of the Agreement is 31 December 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved Montessori School Limited, an applicant, and the respondent, who was the Australian Education Union (Vic Branch). The dispute centred around the approval of a proposed enterprise agreement for the year 2024, which was to govern the terms and conditions of employment for the school's teaching staff. The application was brought before the Fair Work Commission, specifically under section 233 of the Fair Work Act 2009, seeking the Commission's approval of the agreement.

The central legal issues the Commission had to address were whether the agreement complied with the provisions of the Fair Work Act, particularly sections concerning minimum terms and conditions, and whether the agreement was made in good faith and without coercion. Additionally, the Commission needed to determine if the agreement provided a fair and efficient method for resolving workplace disputes.

The Fair Work Commission found that the agreement was generally in line with the statutory minimum terms and conditions set out in the Fair Work Act. The Commission noted that the agreement contained provisions that were slightly more favourable to the employees compared to the statutory minimums, which was acceptable. Furthermore, the Commission was satisfied that the agreement was made in good faith, without any evidence of coercion. The Commission also determined that the agreement provided an efficient and fair method for resolving workplace disputes, with clear procedures for addressing grievances and disputes. Consequently, the Commission approved the agreement under section 234 of the Fair Work Act.

In its decision, the Fair Work Commission approved the Montessori School Ltd Enterprise Agreement 2024, affirming its compliance with the Fair Work Act and its provisions for fair and efficient dispute resolution.

Montessori School Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established