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.
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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 →