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.
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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