Application by Mc Group Qld Pty Ltd Trading AS Mc Group
Citation: [2026] FWCA 1796
At a glance
- Awards cited
- MA000823, MA001564, MA000976, MA000838, MA000840
What happened
Mc Group Qld Pty Ltd T/A Mc Group applied for approval of the MC GROUP Enterprise Agreement 2026, a single enterprise agreement covering employees in the building, metal and civil construction industries. A minor discrepancy existed between the title on the Notice of Employee Representational Rights and the actual agreement title. The application was made under section 185 of the Fair Work Act 2009.
What was decided
The Fair Work Commission approved the MC GROUP Enterprise Agreement 2026. It noted a minor error in the agreement's title, finding it unlikely to have disadvantaged employees. A clause was identified as potentially inconsistent with the National Employment Standards (NES), but this was addressed through undertakings ensuring the NES provisions would prevail. The agreement also lacked a compliant delegates’ rights term, which has been remedied by incorporating prescribed terms from several awards. The agreement's expiry date is 10 July 2030.
What it means for employers
Employers should ensure consistency in naming conventions across all documentation related to enterprise agreements. They must also be aware of potential conflicts between enterprise agreement clauses and the National Employment Standards, ensuring the more beneficial entitlements apply. Including compliant delegates’ rights terms is essential.
What it means for employees
Employees covered by this agreement should review its terms carefully. If any clause appears inconsistent with their NES entitlements, they can rely on the NES provisions as being paramount. The inclusion of delegate rights ensures representation and communication channels are maintained.
Want this applied to your situation?
Reading the decision is free. FairWork Mate goes further — it reads the full case library and applies precedents like this one to your specific facts, citing the cases as it reasons. General information, not a guaranteed outcome or legal advice.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2026fwca1796.pdfWant more cases like this?
FairWork Mate tracks Fair Work Ombudsman, Fair Work Commission and Federal Court decisions across Australia. The AI advisor answers plain-English questions grounded on the full corpus — awards cited, industry, penalty amounts and affected employee counts — with a citation to the underlying decision on every answer.
Individual case summaries on this site are free. The full FWC and Federal Court library behind every advisor answer is on Pro.
FairWork Mate AI
This is one decision. Pro reads all of them.
Free case pages cite the top 250 decisions. Pro opens the full Fair Work Commission and Federal Court library, cross-references your own situation against it, and cites the decision behind every answer — plus document upload, so it can read your letter or contract line by line. 150 questions a month, cancel anytime.
Just need this week sorted? A 7-Day Pass is 50 questions over 7 days, no account. Get a 7-Day Pass — $14.99
Get notified on new Fair Work cases
Free email alerts when we publish new underpayment decisions, penalty orders, and workplace law updates.
Free forever. No spam. Unsubscribe anytime.
This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections