The Hills Montessori School Inc.
[2022] FWCA 4559
•22 DECEMBER 2022
| [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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