Southern Montessori Education Centre Inc T/A Southern Montessori School

[2021] FWCA 5829

[2021] FWCA 5829

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Southern Montessori Education Centre Inc T/A Southern Montessori School
(AG2021/6963)

SOUTHERN MONTESSORI EDUCATION CENTRE INC ENTERPRISE AGREEMENT 2021

Educational services
COMMISSIONER MATHESON	SYDNEY, 14 SEPTEMBER 2021

Application for approval of the Southern Montessori Education Centre Inc Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Southern Montessori Education Centre Inc Enterprise Agreement 2021 (Agreement). The application was made by Southern Montessori Education Centre Inc T/A Southern Montessori School (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

[2] The pre-approval steps taken by the Applicant were declared in a Form F17 filed in support of the application. On 8 September 2021, the Commission sought further information in relation to the pre-approval steps taken. Further information was provided by the Applicant on 9 September 2021. Having regard to all the material before the Commission, I am satisfied that the requirements in ss.180(2), 180(3) and 180(5) of the Act have been met.

[3] I observe that certain provisions of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 8.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] I observe that there is a minor difference in the coverage of the Agreement described in the Notice of Employee Representational Rights compared with the coverage described in clause 5.2 of the Agreement in that there is no specific exclusion of the role of Assistant Principal referenced in the Agreement. Notwithstanding this difference, I am satisfied that this does not prevent the Agreement from having been genuinely agreed to pursuant to s.188 of the Act. I am also satisfied the employees covered by the agreement were not likely to have been disadvantaged by this difference.

[5] The Independent Education Union of Australia, being a bargaining representative for the Agreement, filed a Form F18 indicating that it supports approval of the Agreement. A hearing was held on 19 September 2021 in which the Applicant and Independent Education Union of Australia participated. The Independent Education Union of Australia confirmed its support for the approval of the Agreement and neither party was aware of any relevant consideration that may prevent approval of the Agreement.

[6] In all the circumstances, and 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.

[7] The Independent Education Union of Australia 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.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 September 2021. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

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