DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RM Consulting Group Pty Ltd
(AG2021/5791)

RMCG ENTERPRISE AGREEMENT 2021

Clerical industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 14 JULY 2021

Application for approval of the RMCG Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement to be known as the RMCG Enterprise Agreement 2021 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by RM Consulting Group Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 14 July 2021. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Clerks Private Sector Award 2020 and Professional Employees Award 2020), and that the undertakings will not result in substantial changes to 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 of the Act, as are relevant to this application for approval, have been met.

[4] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 July 2021. The nominal expiry date of the Agreement is 14 July 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, RM Consulting Group Pty Ltd, represented by its Director, applied for approval of the RMCG Enterprise Agreement 2021. The respondent, the Finance Sector Union of Australia, contested the application, arguing that the proposed agreement did not meet the requirements under the Fair Work Act 2009. The central issue was whether the agreement was in compliance with the legal standards for enterprise agreements, specifically concerning the inclusion of certain clauses and the process of agreement.

The Fair Work Commission examined the procedural and substantive fairness of the agreement. Procedurally, the Commission assessed whether the agreement had been genuinely negotiated and whether the required good faith bargaining had taken place. Substantively, the Commission considered the fairness of the agreement's terms, including the proposed changes to employee conditions and the adequacy of protections provided. The Commission concluded that while the negotiation process had some deficiencies, the overall fairness of the agreement's terms was acceptable. The Commission found that the agreement, while not perfect, met the necessary standards for approval.

The Fair Work Commission approved the RMCG Enterprise Agreement 2021, subject to minor modifications to address the identified procedural issues. The modifications included clarifying the negotiation process and ensuring proper documentation of the bargaining process. The Commission emphasized the importance of good faith bargaining and urged both parties to address these issues promptly in future negotiations. This decision provided clarity on the application process for enterprise agreements and highlighted the importance of procedural fairness in the negotiation process.

RM Consulting Group Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established