Application by CFMEU (105N)
Citation: [2026] FWCA 2011
What happened
The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for approval of a collective agreement with Mulherin Rigging Australia Pty Ltd. The agreement, titled the Mulherin Rigging Australia Pty Ltd and CFMEU Union Collective Agreement 2023–2027, covers employees in the building, metal and civil construction industries. It is described as a greenfields agreement.
What was decided
The Fair Work Commission approved the enterprise agreement on 30 July 2026. The Deputy President was satisfied that the CFMEU represents a majority of employees covered by the agreement and that approving it is in the public interest. The decision references sections 172(2)(b), 185, 186, 187 and 187(5)(a) of the Fair Work Act 2009.
What it means for employers
Employers should ensure any collective agreements they enter into are properly drafted and comply with all relevant provisions of the Fair Work Act. This includes ensuring union representation meets the legal requirements for approval.
What it means for employees
Employees covered by the agreement will have their terms and conditions of employment governed by the approved enterprise agreement. It is important to understand the details of this agreement.
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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 →