Application by CFMEU (105N)
Citation: [2026] FWCA 1747
What happened
The CFMEU applied for approval of an enterprise agreement between Wicklow (Aust) Unit Trust and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2024–2027. The agreement covers subcontractors in the building, metal, and civil construction industries. The application was made under section 185 of the Fair Work Act 2009.
What was decided
The Fair Work Commission approved the enterprise agreement. While a notification to employees about the ballot date did not comply with all requirements—specifically, providing seven full calendar days’ notice—the Commission found that the agreement was genuinely agreed upon. The agreement will operate from July 14, 2026, and expire on July 2, 2027.
What it means for employers
Employers should ensure all employee communications regarding enterprise agreement ballots comply with the requirements outlined in the Statement of Principles. While minor non-compliance doesn't automatically invalidate an agreement, it’s crucial to follow procedures carefully.
What it means for employees
Employees should be aware of their rights during enterprise bargaining processes and ensure they receive adequate notice and information about ballot dates and details.
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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 →