Southern Montessori Education Centre Inc.

[2024] FWCA 1300

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Southern Montessori Education Centre Inc.

(AG2024/908)

SOUTHERN MONTESSORI EDUCATION CENTRE INC ENTERPRISE AGREEMENT 2024

Educational services
COMMISSIONER MATHESON	SYDNEY, 11 APRIL 2024

Application for approval of the Southern Montessori Education Centre Inc Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Southern Montessori Education Centre Inc Enterprise Agreement 2024 (Agreement). The application was made by Southern Montessori Education Centre Inc. (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement have been met.

Schedule 1 of the Agreement contains an obvious error, being that the first four pay “steps” under the Band 1 Teacher classification are all labelled identically as “Step 1” until Step 5, where the numbering proceeds sequentially. Pursuant to s.218A of the Act, I vary Schedule 1 of the Agreement to correct this error such that:

the second reference to ‘Step 1’ in Schedule 1 reads as a reference to ‘Step 2’;
the third reference to ‘Step 1’ in Schedule 1 reads as a reference to ‘Step 3’; and
the fourth reference to ‘Step 1’ in Schedule 1 reads as a reference to ‘Step 4’.

The variation will come into effect from the date the Agreement commences operation.

The Independent Education Union, 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) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 April 2024. The nominal expiry date of the Agreement is 31 December 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Southern Montessori Education Centre Inc. was involved in an application for the approval of its Enterprise Agreement 2024. The applicant sought to have the agreement approved under the Fair Work Act 2009, as it contained terms and conditions of employment for its employees. The application was heard by the Fair Work Commission, which was required to determine whether the agreement met the criteria for approval under the legislation.

The primary legal issue before the Commission was whether the Enterprise Agreement 2024 complied with the requirements of the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement was made in good faith, whether it contained only matters that were expressly agreed upon by the parties, and whether it was made without coercion, harassment, or undue pressure. The Commission also had to assess whether the agreement provided for the proper operation of the enterprise and whether it was fair and reasonable in all its terms.

In making its decision, the Commission considered the evidence presented by the applicant and the submissions made by the parties. The Commission found that the Enterprise Agreement 2024 was made in good faith and contained only matters that were expressly agreed upon by the parties. The Commission was satisfied that the agreement was made without coercion, harassment, or undue pressure and that it provided for the proper operation of the enterprise. The Commission also found that the agreement was fair and reasonable in all its terms, taking into account the nature of the enterprise and the bargaining power of the parties.

Accordingly, the Fair Work Commission approved the Enterprise Agreement 2024, which will now form the terms and conditions of employment for the employees of Southern Montessori Education Centre Inc. for the period specified in the agreement. The Commission's decision is final and binding on the parties and cannot be appealed except on limited grounds.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established