DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MQG Sand & Soil Pty Ltd T/A Metro Quarry Group
(AG2021/4626)

MQG ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 26 APRIL 2021

Application for approval of the MQG Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the MQG Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by MQG Sand & Soil Pty Ltd T/A Metro Quarry Group. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The Construction, Forestry, Maritime, Mining and Energy 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 May 2021. Clause 4.1 of the Agreement provides a nominal expiry date of four years after the commencement date. The nominal expiry date of the Agreement however is 26 April 2025 being four years from the date of approval in accordance with s.186(5) of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by MQG Sand & Soil Pty Ltd, trading as Metro Quarry Group, for the approval of the MQG Enterprise Agreement 2020. The parties to the agreement were the employer and various employees represented by unions. The dispute centred on whether the terms and conditions set out in the proposed agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues the court needed to resolve included whether the agreement was genuinely negotiated, whether it provided for fair and reasonable terms and conditions, and if it complied with the procedural requirements set out in the Act. The employer argued that the agreement reflected a consensus between the parties and contained fair terms, while the unions contended that certain provisions did not meet the necessary standards for approval.

In its decision, the Fair Work Commission examined the evidence provided by both sides and assessed the provisions of the agreement against the statutory criteria. The Commission found that while the majority of the agreement was genuinely negotiated and provided for fair terms, some provisions did not meet the requirements for approval. After considering the parties' submissions and making certain modifications, the Commission determined that the agreement, as amended, complied with the Act and was therefore approved.

The final orders included the approval of the MQG Enterprise Agreement 2020, subject to the modifications made by the Commission, and the setting aside of the original application to the extent that it sought approval of the unmodified agreement. The Commission also directed the parties to provide further documentation to ensure ongoing compliance with the approved agreement.

MQG Sand & Soil Pty Ltd T/A Metro Quarry Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established