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

[2021] FWCA 2247

[2021] FWCA 2247

FAIR WORK COMMISSION

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

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Annexure A