Application by CFMEU (105N)
Citation: [2026] FWCA 1396
What happened
The CFMEU applied to have the Structural Reinforcements Pty Ltd / CFMEU Collective Agreement 2024-2027 approved. The agreement covers a new enterprise for Structural Reinforcements Pty Ltd, which currently operates in Queensland but intends to tender for projects in New South Wales. The company stated it had not previously operated in NSW and has no employees covered by the agreement. The Commission investigated whether this constituted a 'genuine new enterprise' as required by law.
What was decided
The Fair Work Commission approved the Structural Reinforcements Pty Ltd / CFMEU Collective Agreement 2024-2027. Commissioner Matheson found that the agreement met the requirements of sections 172, 186, 187 and 190 of the Fair Work Act 2009. The agreement will operate from June 25, 2026, and expire on July 4, 2027.
What it means for employers
Employers establishing new enterprises or expanding into new regions should carefully consider whether their operations qualify as a 'genuine new enterprise' under the Fair Work Act. They need to demonstrate they haven’t previously operated in that region and have no existing employees covered by the agreement.
What it means for employees
Employees who will be covered by this agreement, particularly those working for Structural Reinforcements Pty Ltd in New South Wales, will have their terms and conditions of employment governed by the approved collective agreement. This provides a framework for wages, benefits, and working conditions.
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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