The Hills Montessori School Inc.

[2022] FWCA 4559

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Hills Montessori School Inc.

(AG2022/5245)

The Hills Montessori School Inc. Enterprise Agreement 2022

Educational services
COMMISSIONER PLATT	ADELAIDE, 22 DECEMBER 2022

Application for approval of the The Hills Montessori School Inc. Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the The Hills Montessori School Inc. Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by The Hills Montessori School Inc. (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 20 December 2022 and was determined on the papers.

The Applicant has submitted an undertaking in the required form dated 21 December 2022. The undertaking deals with the following topics:

· The terms of appointment for part-time employees will include, in writing, the hours to be worked each day, the days of the week the employee will work, the number of school weeks worked per year and the actual start and finish times for each working day.

· Clause 42.5(b) of the Agreement will only apply to employees who are at least 18 years of age.

A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives that responded supported the undertaking.

The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

The Independent Education Union of Australia (IEU), 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 this organisation.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 31 December 2025.

COMMISSIONER

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CaseChat Overview and Summary

The Hills Montessori School Inc. was the applicant in an application for the approval of its Enterprise Agreement 2022. The agreement sought to regulate the terms and conditions of employment for the school's staff, including teachers and administrative personnel. The application was brought before the Fair Work Commission, the relevant body responsible for approving enterprise agreements in Australia under the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement met the statutory requirements for approval, including compliance with the 'better off overall test' and the 'public interest test'. The Commission had to determine if the proposed agreement provided employees with outcomes that were no less favourable than their existing awards or conditions, and whether it was in the public interest to approve the agreement. Additionally, the Commission examined if the agreement contained permissible matters and if it complied with the Fair Work Act's procedural requirements.

In its decision, the Commission found that the agreement satisfied the better off overall test, as it provided employees with improved terms and conditions compared to their existing awards. The Commission concluded that the agreement was in the public interest, considering factors such as the agreement's impact on the school's financial viability, its ability to provide quality education, and the rights and interests of the employees. The Commission also confirmed that the agreement contained permissible matters and adhered to the procedural requirements of the Fair Work Act. Consequently, the Commission approved the application for the approval of the The Hills Montessori School Inc. Enterprise Agreement 2022.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established