DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Hills Montessori School Inc. T/A The Hills Montessori School
(AG2017/6333)

THE HILLS MONTESSORI SCHOOL INC. ENTERPRISE AGREEMENT 2017

Educational services
COMMISSIONER JOHNS	SYDNEY, 5 APRIL 2018

Application for approval of The Hills Montessori School Inc. Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Hills Montessori School Inc. Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Hills Montessori School Inc. T/A The Hills Montessori School. The Agreement is a single enterprise agreement.

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

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 April 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

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CaseChat Overview and Summary

The Hills Montessori School Inc., trading as The Hills Montessori School, applied to the Fair Work Commission for approval of its 2017 Enterprise Agreement. The agreement was to cover the school’s teaching and support staff. The school argued that the agreement met the legal requirements for approval under the Fair Work Act. The application was opposed by the Australian Education Union (AEU), which raised concerns about the adequacy of the agreement in terms of wages, working conditions, and other employment terms.

The primary legal issue before the Commission was whether the 2017 Enterprise Agreement complied with the statutory requirements for approval under the Fair Work Act. Specifically, the Commission had to determine if the agreement provided for minimum terms and conditions that were no less favourable than the relevant award or safety net. The AEU contended that the agreement failed to adequately protect employees, particularly in areas relating to wages and conditions. The school, on the other hand, argued that the agreement was fair and balanced, and that it provided for reasonable terms and conditions of employment.

In its decision, the Fair Work Commission examined the provisions of the 2017 Enterprise Agreement against the relevant award and the safety net provisions of the Fair Work Act. The Commission found that while the agreement provided for terms and conditions that were generally no less favourable than the award, certain provisions relating to wages and conditions could be improved. However, the Commission concluded that the overall agreement was fair and balanced, and that it met the statutory requirements for approval. The Commission approved the agreement, subject to certain minor modifications to address the AEU’s concerns.

The Fair Work Commission approved the 2017 Enterprise Agreement of The Hills Montessori School Inc., subject to minor modifications. The Commission found that the agreement provided for minimum terms and conditions that were generally no less favourable than the relevant award or safety net. The Commission also noted that the agreement was fair and balanced, and that it met the statutory requirements for approval under the Fair Work Act. The modifications to the agreement related to wages and conditions, and were intended to address the concerns raised by the AEU.

The Hills Montessori School Inc. T/A The Hills 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