Application by CFMEU (105N)
Citation: [2026] FWCA 1964
What happened
The CFMEU applied for approval of an enterprise agreement between EROC Civil Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024-2027. The agreement covers a group of employees but not all employees of the employer. The CFMEU notified their intention to be covered by the agreement.
What was decided
The Fair Work Commission approved the enterprise agreement on July 24, 2026. It will operate from July 31, 2026, and expire on July 2, 2027. The Deputy President was satisfied that all relevant requirements of sections 186, 187, 188, 193 and 193A of the Fair Work Act were met, and that the group of employees covered by the agreement was fairly chosen. As stated in paragraph [3], 'The CFMEU...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 enter into comply with all relevant sections of the Fair Work Act, including those relating to employee coverage and bargaining representation.
What it means for employees
Employees should be aware of their rights under approved enterprise agreements. The CFMEU notified that it wanted the agreement to cover them, demonstrating a process for union involvement in workplace conditions.
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/2026fwca1964.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. Full-corpus advisor access is a paid product — Business Solo from $99/mo, 50% off your first 3 months for the first 100 signups.
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 →