Southern Montessori Education Centre Inc.

[2024] FWCA 1300

[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

1. 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.

1. 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.

1. 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’.

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

1. 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.

1. 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

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