Application by CFMEU (105N)
Citation: [2026] FWCA 1621
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.
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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 →