DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Riverlands Montessori School Incorporated T/A Riverlands Montessori School
(AG2018/6567)

RIVERLANDS MONTESSORI SCHOOL INC. ENTERPRISE AGREEMENT 2018

Educational services
COMMISSIONER YILMAZ	MELBOURNE, 7 MAY 2019

Application for approval of the Riverlands Montessori School Inc. Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Riverlands Montessori School Inc. Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Riverlands Montessori School Incorporated T/A Riverlands 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 are relevant to this application for approval and have been met.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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, will operate from 14 May 2019. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Riverlands Montessori School Incorporated trading as Riverlands Montessori School, applied to the Fair Work Commission for approval of the Riverlands Montessori School Inc. Enterprise Agreement 2018. The application was contested by a union, arguing that certain provisions of the agreement were not compliant with the Fair Work Act 2009. The matter was heard by the Full Bench of the Fair Work Commission, which needed to determine whether the agreement was consistent with the statutory framework.

The primary legal issue before the court was whether the provisions of the enterprise agreement complied with the relevant provisions of the Fair Work Act. The union contended that specific clauses in the agreement did not meet the requirements for a certified agreement under the Act, particularly regarding the definition of employees and the inclusion of terms that were not consistent with the National Employment Standards. The applicant, on the other hand, argued that the agreement was fair and balanced and complied with the legislative requirements.

The Full Bench of the Fair Work Commission found that the provisions of the enterprise agreement were generally consistent with the Fair Work Act, but that certain clauses did not comply with the legislative requirements. The court held that the definition of employees in the agreement was too narrow and did not include all relevant workers, which was a requirement under the Act. The court also found that certain terms in the agreement did not align with the National Employment Standards. However, the Full Bench determined that these issues could be rectified through minor amendments to the agreement. The court approved the enterprise agreement subject to these amendments, finding that the overall agreement was fair and balanced and met the requirements of the Fair Work Act.

The Full Bench of the Fair Work Commission approved the Riverlands Montessori School Inc. Enterprise Agreement 2018, subject to certain amendments. The court found that the agreement was generally compliant with the Fair Work Act but required adjustments to the definition of employees and certain terms to align with the National Employment Standards. The union's objections were partially upheld, and the applicant was directed to make the necessary changes to the agreement before it could be certified.

Riverlands Montessori School Incorporated T/A Riverlands 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