MPC Group Labour Pty Ltd Summary

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, MPC Group Labour Pty Ltd, sought approval of the MPK National Agreement 2025. The agreement in question was proposed to be an Australian National Workplace Determination (NWD) under the Fair Work Act 2009. The application was made in the Fair Work Commission, the relevant tribunal for employment-related matters in Australia. The matter was heard by Commissioner J.A.C.

The legal issues that the Commission was required to consider included whether the application met the statutory requirements for the approval of an NWD and whether the agreement would facilitate improved productivity, flexibility, and efficiency in the workplace. The Commission also had to consider the impact of the proposed agreement on employees and whether the agreement was likely to improve the employment relationship.

After reviewing the application and the submissions from both parties, the Commission found that the proposed agreement met the statutory requirements for an NWD. The Commission was satisfied that the agreement would improve productivity, flexibility, and efficiency in the workplace and that it was likely to enhance the employment relationship. The Commission approved the application, and the MPK National Agreement 2025 was registered as an NWD under the Fair Work Act. The applicant was directed to take all necessary steps to give effect to the agreement.

MPC Group Labour Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established