Application by CFMEU (105N)
Citation: [2026] FWCA 1850
What happened
The Construction, Forestry and Maritime Employees Union (CFMEU) applied for approval of a Greenfields agreement called the Eire Total Access (Commercial) Pty Ltd and CFMEU (WA) (Scaffolding) Greenfields Agreement 2024-2027. This agreement covers employees 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. Deputy President Masson found that the agreement met all relevant requirements of sections 186, 187 and 188 of the Fair Work Act. The CFMEU is deemed to represent the industrial interests of a majority of employees covered by the agreement. The agreement will operate from seven days after approval, expiring on July 2, 2027. Any inconsistencies with the National Employment Standards will be resolved in favour of the NES.
What it means for employers
Employers entering into enterprise agreements should ensure they comply with all relevant sections of the Fair Work Act, including those relating to union representation and public interest considerations. A precedence clause addressing potential conflicts with the National Employment Standards is advisable.
What it means for employees
Employees covered by this agreement will benefit from terms and conditions negotiated between their union and Eire Total Access (Commercial) Pty Ltd. Any inconsistencies with the National Employment Standards will be resolved in favour of employee entitlements.
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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 →