MELBOURNE MONTESSORI COLLEGE ENTERPRISE AGREEMENT 2025

Application for approval of the Melbourne Montessori College Enterprise Agreement 2025

[1] An application has been made for approval of an enterprise agreement known as the Melbourne Montessori College Enterprise Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Melbourne Montessori School Limited Trading AS Melbourne Montessori College. The Agreement is a single enterprise agreement.

[2] I note that multiple clauses are inconsistent with the National Employment Standards (NES). Given the NES precedence clause at clause 7.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[3] The Applicant has provided written undertakings, dated 4 February 2026, and a copy is attached in Annexure A. A copy of the undertaking has been provided to the bargaining representative(s) and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative(s) did not express any view on the undertaking.

[4] I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement, thus appearing to meet the requirements of s.190(3). The undertaking is taken to be a term of the Agreement.

[5] Pursuant to s.205A(2) of the Act, the workplace delegates' rights term prescribed by clause 28A of the Educational Services (Teachers) Award 2020 is taken to be a term of the Agreement.

[6] 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.

[7] I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act as are relevant to this application for approval have been met.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 February 2026. The nominal expiry date of the Agreement is 31 December 2026.

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