Application by CFMEU (105N)
Citation: [2026] FWCA 1957
What happened
The CFMEU applied to have the Hypercoat Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Waterproofing Enterprise Agreement 2024 - 2027 approved. The agreement is a single enterprise agreement covering employees in the building, metal and civil construction industries. The CFMEU acted as the bargaining representative for the agreement and has notified its intention to be covered by it.
What was decided
The Fair Work Commission Deputy President Colman approved the Hypercoat Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Waterproofing Enterprise Agreement 2024 - 2027. The Commission was satisfied that all relevant requirements of sections 186, 187 and 188 of the Fair Work Act 2009 were met. The agreement covers the CFMEU as required by section 201(2).
What it means for employers
Employers should ensure any enterprise agreements they enter into comply with all relevant sections of the Fair Work Act, including those relating to approval requirements and bargaining representation.
What it means for employees
Employees covered by this agreement will have their terms and conditions of employment governed by the approved enterprise agreement. They should review the agreement to understand their rights and obligations.
Want this applied to your situation?
Reading the decision is free. FairWork Mate goes further — it reads the full case library and applies precedents like this one to your specific facts, citing the cases as it reasons. General information, not a guaranteed outcome or legal advice.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2026fwca1957.pdfWant more cases like this?
FairWork Mate tracks Fair Work Ombudsman, Fair Work Commission and Federal Court decisions across Australia. The AI advisor answers plain-English questions grounded on the full corpus — awards cited, industry, penalty amounts and affected employee counts — with a citation to the underlying decision on every answer.
Individual case summaries on this site are free. The full FWC and Federal Court library behind every advisor answer is on Pro.
FairWork Mate AI
This is one decision. Pro reads all of them.
Free case pages cite the top 250 decisions. Pro opens the full Fair Work Commission and Federal Court library, cross-references your own situation against it, and cites the decision behind every answer — plus document upload, so it can read your letter or contract line by line. 150 questions a month, cancel anytime.
Just need this week sorted? A 7-Day Pass is 50 questions over 7 days, no account. Get a 7-Day Pass — $14.99
Get notified on new Fair Work cases
Free email alerts when we publish new underpayment decisions, penalty orders, and workplace law updates.
Free forever. No spam. Unsubscribe anytime.
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