MPC Group Labour Pty Ltd

Case

[2022] FWCA 4033

17 NOVEMBER 2022


[2022] FWCA 4033

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

MPC Group Labour Pty Ltd

(AG2022/4634)

MPC Group Labour Pty Ltd & The Australian Workers’Union Agreement 2022

Building, metal and civil construction industries

COMMISSIONER HARPER-GREENWELL

MELBOURNE, 17 NOVEMBER 2022

Application for approval of the MPC Group Labour Pty Ltd & The Australian Workers’ Union Agreement 2022

  1. An application has been made for approval of an enterprise agreement known as the MPC Group Labour Pty Ltd & The Australian Workers’ Union Agreement 2022 (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 Agreement is a single enterprise agreement.

  1. I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

  1. The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

  1. The Australian Workers’ 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.

  1. The Agreement was approved on 17 November 2022 and, in accordance with s.54, will operate from 24 November 2022. The nominal expiry date of the Agreement is 28 February 2025.

COMMISSIONER

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