Application by CFMEU (105N)
Citation: [2026] FWCA 1694
What happened
The CFMEU applied to have the WATERTITE WATERPROOFING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Waterproofing Enterprise Agreement 2024 – 2027 approved. The agreement covers a group of employees, but not all employees of Watertite Waterproofing Pty Ltd. The CFMEU is the bargaining representative for the agreement.
What was decided
The Fair Work Commission Deputy President Bell approved the enterprise agreement on 1 July 2026. It will operate from 8 July 2026 and expire on 2 July 2027. The Commission found that all relevant requirements of sections 186, 187, 188, 193 and 193A of the Fair Work Act were met, and the group of employees was fairly chosen. As noted in paragraph [3], 'The CFMEU, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it.'
What it means for employers
Employers should ensure any enterprise agreements they negotiate comply with all relevant sections of the Fair Work Act 2009. 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 WATERTITE WATERPROOFING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Waterproofing Enterprise Agreement 2024 – 2027. The agreement is in effect from 8 July 2026.
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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 →