MPC Group Labour Pty Ltd
[2025] FWCA 2282
•11 JULY 2025
| [2025] FWCA 2282 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
MPC Group Labour Pty Ltd
(AG2025/2004)
MPK NATIONAL AGREEMENT 2025
| Building, metal and civil construction industries | |
| COMMISSIONER SIMPSON | BRISBANE, 11 JULY 2025 |
Application for approval of the MPK National Agreement 2025
An application has been made for approval of an enterprise agreement known as the MPK National 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 MPC Group Labour Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.
The Applicant has provided written undertakings. 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.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
I note that the version of the Agreement voted on by employees contained a typographical error. I have determined that it is appropriate to exercise power under s.218A of the Act to amend the table of contents of the Agreement to read:
“Schedule 1 – Classifications
Schedule 2 – Aggregate Hourly Rate Arrangement
Schedule 3 – Q Coal Projects Employees Aggregate Hourly Rate Arrangement
Schedule 4 – Definitions
Schedule 4 – Calculating a new Aggregate Hourly Rate
Schedule 5 – Hours of Work for Shift works”
Noting clause 1.4 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.
Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Building and Construction General On-site Award 2020 Award 2020 is taken to be a term of the Agreement.
The Agreement is approved and will operate in accordance with s.54 of the Act.
COMMISSIONER
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