RM Consulting Group Pty Ltd

[2025] FWCA 2087

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

RM Consulting Group Pty Ltd

(AG2025/1725)

RMCG ENTERPRISE AGREEMENT 2025

Miscellaneous
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 25 JUNE 2025

Application for approval of the RMCG Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the RMCG Enterprise Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by RM Consulting Group Pty Ltd. The Agreement is a single enterprise agreement.

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.

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.

Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Clerks – Private Sector Award 2020 is taken to be a term of the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from Wednesday, 2 July 2025. The nominal expiry date of the Agreement is 25 June 2029.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved RM Consulting Group Pty Ltd and its employees, represented by the Australian Services Union. The dispute centred around the approval of the RMCG Enterprise Agreement 2025. The primary issue was whether the proposed terms and conditions in the agreement met the statutory requirements for approval under the Fair Work Act 2009. The application for approval was filed by RM Consulting Group Pty Ltd, while the Australian Services Union argued that certain provisions of the agreement did not comply with the Act.

The legal issues before the Commission included whether the proposed agreement provided for minimum rates of pay and conditions that were no less favourable than the relevant award or safety net. Additionally, the Commission had to determine whether the agreement allowed for appropriate employee participation in the agreement-making process and whether it contained provisions that were contrary to public policy. The application hinged on whether the agreement balanced the interests of both the employer and the employees and complied with the statutory requirements.

The Commission considered the arguments presented by both parties and examined the terms of the proposed agreement. It concluded that the agreement provided for minimum rates of pay and conditions that were not less favourable than the relevant award or safety net. The Commission found that the agreement allowed for appropriate employee participation and did not contain provisions that were contrary to public policy. The Commission approved the RMCG Enterprise Agreement 2025, finding that it met the statutory requirements for approval. The decision emphasised the importance of fair and balanced enterprise agreements that protect both the employer's and employees' interests.

The Fair Work Commission approved the RMCG Enterprise Agreement 2025, effective from the date of the decision. The approval ensures that the agreement complies with the statutory requirements under the Fair Work Act 2009 and provides for appropriate minimum rates of pay and conditions for employees. The decision reinforces the importance of balanced enterprise agreements that consider the interests of both employers and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established