DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Montessori School Ltd T/A Brisbane Montessori School
(AG2018/2558)

MONTESSORI SCHOOL LTD ENTERPRISE AGREEMENT 2017-2020

Educational services
DEPUTY PRESIDENT MASSON	MELBOURNE, 9 NOVEMBER 2018

Application for approval of the Montessori School Ltd Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Montessori School Ltd Enterprise Agreement 2017-2020 (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 T/A Brisbane Montessori School. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] 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.

[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 of the Act, will operate from 16 November 2018. The nominal expiry date of the Agreement is 31 December 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Montessori School Ltd T/A Brisbane Montessori School was the subject of an application to the Fair Work Commission to approve the Montessori School Ltd Enterprise Agreement 2017-2020. The application arose from negotiations between the school and its employees, represented by a union. The nature of the dispute was whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues the court was required to decide were whether the agreement provided for the terms and conditions of employment in a fair and flexible manner, whether it allowed for genuine negotiation, and whether it complied with any applicable minimum standards. Additionally, the court had to assess if the agreement met the procedural requirements for submission and whether it was in the best interests of the employees.

The court found that the agreement did provide for the terms and conditions of employment in a fair and flexible manner, and that it allowed for genuine negotiation. The agreement was also deemed to comply with the applicable minimum standards. The court further found that the procedural requirements for submission had been met, and that the agreement was in the best interests of the employees. Consequently, the court approved the agreement, finding that it met the requirements of the Fair Work Act 2009. The final orders of the court were that the agreement be approved and registered with the Fair Work Commission.

Montessori School Ltd T/A Brisbane Montessori School

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established