DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Southern Montessori Education Centre Inc T/A Southern Montessori School
(AG2018/6603)

SOUTHERN MONTESSORI EDUCATION CENTRE INC ENTERPRISE AGREEMENT 2018

Educational services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 2 APRIL 2019

Application for approval of the Southern Montessori Education Centre Inc Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Southern Montessori Education Centre Inc Enterprise Agreement 2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Southern Montessori Education Centre Inc T/A Southern 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, 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 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 April 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

The applicant, Southern Montessori Education Centre Inc trading as Southern Montessori School, applied to the Fair Work Commission for the approval of its Enterprise Agreement 2018. The application was brought under the Fair Work Act 2009, seeking the endorsement of the agreement as a single-enterprise agreement. The dispute involved the terms and conditions of employment for staff within the organisation, including wages, working hours, leave entitlements, and other workplace matters. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act.

The legal issues before the Commission centred on the compliance of the Enterprise Agreement 2018 with the statutory provisions of the Fair Work Act. The Commission had to assess if the agreement contained the mandatory terms prescribed by the Act, whether it was free from prohibited content, and if it had been made in accordance with the procedural requirements of the legislation. Furthermore, the Commission considered whether the agreement was in the best interests of the employees and whether it promoted harmonious, productive, and cooperative workplace relations.

In reaching its decision, the Commission carefully examined the terms of the Enterprise Agreement 2018 against the legal standards set by the Fair Work Act. The Commission found that the agreement complied with all mandatory terms, did not include any prohibited content, and had been made following the correct procedures. It was determined that the agreement was beneficial to the employees and conducive to maintaining good industrial relations. Consequently, the Commission approved the agreement as a single-enterprise agreement, thereby resolving the application in favour of the applicant.

As a result of the Commission's approval, the Enterprise Agreement 2018 is now legally binding on the Southern Montessori Education Centre Inc and its employees. The terms of the agreement will govern the employment conditions within the organisation, providing a framework for wages, hours of work, leave entitlements, and other relevant workplace matters. The approval signifies the formal recognition of the agreement as a means to regulate the employment relationship between the employer and its staff, ensuring that it aligns with the legislative requirements and serves the interests of both parties.

Southern Montessori Education Centre Inc T/A Southern 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