Application by CFMEU (105N)
Citation: [2026] FWCA 1654
What happened
The CFMEU applied to have the Apex Welding & Steel Fabrication (VIC) Ptd Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2024–2027 approved. The agreement covers a group of employees, but not all employees of the company. The CFMEU is the bargaining representative for the agreement.
What was decided
The Fair Work Commission Deputy President Bell approved the enterprise agreement on June 26, 2026. It will take effect from July 3, 2026, and expire on July 2, 2027. The Commission found that all relevant requirements of sections 186, 187, 188, 193 and 193A of the Fair Work Act were met, and that the group of employees was fairly chosen.
What it means for employers
Employers should ensure any enterprise agreements they enter into comply with all relevant sections of the Fair Work Act. Agreements do not need to cover all employees to be approved, but careful consideration must be given to how employee groups are selected.
What it means for employees
Employees covered by this agreement will have their terms and conditions of employment governed by the new enterprise agreement from July 3, 2026. The CFMEU is recognised as the bargaining representative for these employees.
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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