DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Plenty Valley Montessori School Association T/A Plenty Valley International Montessori School
(AG2020/3962)

PLENTY VALLEY INTERNATIONAL MONTESSORI SCHOOL AGREEMENT 2020 – 2023

Educational services
DEPUTY PRESIDENT MASSON	MELBOURNE, 21 JANUARY 2021

Application for approval of the Plenty Valley International Montessori School Agreement 2020 – 2023.

[1] An application has been made for approval of an enterprise agreement known as the Plenty Valley International Montessori School Agreement 2020 – 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Plenty Valley Montessori School Association T/A Plenty Valley International 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. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Independent Education Union 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 January 2021. The nominal expiry date of the Agreement is 30 January 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent decision of The Plenty Valley Montessori School Association T/A Plenty Valley International Montessori School, the Fair Work Commission was tasked with determining the approval of the Plenty Valley International Montessori School Agreement 2020 – 2023. The association, acting on behalf of the school, sought to have the agreement approved by the Commission, which would effectively formalise the employment terms and conditions of the school’s employees.

The central legal issue before the Commission was whether the terms of the proposed agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission needed to assess if the agreement met the necessary standards to be considered a single, integrated, and simplified agreement, which is a requirement under the Act. The Commission also needed to consider whether the agreement adequately covered the necessary terms and conditions of employment, including those concerning remuneration, hours of work, and other employment-related matters.

The Commission found that the proposed agreement met the statutory requirements for approval. The agreement was comprehensive, covering all necessary terms and conditions of employment, and was presented in a manner that was both simplified and integrated. The Commission noted that the agreement had been developed through a genuine process of bargaining between the association and the school’s employees, which was a significant factor in its approval. The Commission also found that the agreement did not unfairly disadvantage any party and provided adequate protections and benefits for the employees. Therefore, the Commission approved the Plenty Valley International Montessori School Agreement 2020 – 2023.

The final orders of the Commission included the approval of the agreement, which would now serve as the governing document for the employment terms and conditions of the school’s employees for the specified period. The approval of the agreement ensures that the school and its employees have a clear and legally binding framework to govern their relationship, promoting stability and predictability in their dealings.

The Plenty Valley Montessori School Association T/A Plenty Valley International 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