Application by CFMEU (105N)
Citation: [2026] FWCA 2013
What happened
The CFMEU applied for approval of an enterprise agreement between Westland Commercial Group (the trustee) and the CFMEU (Victorian Construction and General Division) Subcontractors Landscape Construction Enterprise Agreement 2024–2027. The agreement covers a group of employees, but not all employees of the employer. The CFMEU also notified their desire for the agreement to cover them.
What was decided
The Fair Work Commission approved the enterprise agreement on July 31, 2026. It will be effective from August 7, 2026, and expire on July 2, 2027. Deputy President Bell found that all relevant requirements of sections 186, 187, 188, 193 and 193A of the Fair Work Act were met, and the group of employees 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. In accordance with s.201(2) I note that the Agreement covers the organisation.'
What it means for employers
Employers should ensure any enterprise agreements they negotiate 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 covered by this agreement will have their terms and conditions of employment governed by its provisions. The CFMEU is now covered by the 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 →