Application by Wagstaff Piling Pty Ltd
Citation: [2026] FWCA 1840
What happened
Wagstaff Piling Pty Ltd, a company in the building, metal and civil construction industries, applied to the Fair Work Commission for approval of its Western Australian Employees Enterprise Agreement –2026-2029. The agreement is a single enterprise agreement and does not cover all employees. The CFMEU, representing employees, requested the agreement covers them.
What was decided
The Fair Work Commission approved the Wagstaff Piling Pty Ltd Western Australian Employees Enterprise Agreement –2026-2029. Deputy President Bell found that the requirements of sections 186, 187, 188, 193 and 193A of the Fair Work Act were met. The agreement will operate from July 22, 2026, and expire on July 16, 2029. A term regarding workplace delegates’ rights from the Building and Construction General On-site Award 2020 is included in the agreement.
What it means for employers
Employers seeking to implement enterprise agreements must ensure they comply with all relevant sections of the Fair Work Act, including those relating to employee coverage and bargaining representative involvement. Agreements do not need to cover all employees to be approved, but a fair selection process is required.
What it means for employees
Employees should be aware of their rights under newly approved enterprise agreements. The CFMEU’s involvement means the agreement covers its members. Employees can review the full agreement for details on terms and conditions.
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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