Application by CFMEU (105N)
What happened
The CFMEU - The Maritime Union of Australia Division (the Employer) sought approval for the Maritime Union of Australia Clerical Staff Enterprise Agreement 2025. This is a single enterprise agreement covering clerical staff in the maritime industry. The Australian Services Union (ASU), representing employees, also wanted the agreement to cover them. Several clauses were identified as potentially inconsistent with the National Employment Standards (NES).
What was decided
The Fair Work Commission approved the Maritime Union of Australia Clerical Staff Enterprise Agreement 2025. Commissioner Fox was satisfied that the requirements of sections 186, 187, 188 and 190 of the Fair Work Act were met. The agreement will operate from June 30, 2026, and expire on November 30, 2028. The ASU is covered by the agreement. Where inconsistencies exist between the agreement and the NES, the more beneficial entitlements in the NES will prevail.
What it means for employers
Employers should ensure enterprise agreements are carefully reviewed for consistency with the National Employment Standards (NES). Any inconsistencies must be addressed or accompanied by undertakings ensuring the NES provisions apply. Written undertakings can mitigate potential issues arising from inconsistent clauses.
What it means for employees
Employees covered by this agreement should be aware of clauses that may appear inconsistent with their entitlements under the National Employment Standards. The Fair Work Commission has clarified that the more beneficial NES provisions will take precedence in such cases.
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.
Want 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.
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.
Renews monthly at A$29.99 until you cancel. By continuing you agree to our Terms.
Get notified on new Fair Work cases
Free email alerts when we publish new underpayment decisions, penalty orders, and workplace law updates.