Application by CFMEU (105N)
Citation: [2026] FWCA 2018
What happened
The Construction Forestry & Maritime Employees Union (CFMEU) applied for approval of a greenfields agreement, the National RC Pty Ltd and CFMEU (WA) Collective Agreement 2024 – 2027. This agreement covers employees in the building, metal, and civil construction industries. The Fair Work Commission considered whether the agreement met the requirements of the Fair Work Act 2009.
What was decided
The Fair Work Commission approved the National RC Pty Ltd and CFMEU (WA) Collective Agreement 2024 – 2027. Commissioner Lim found that while some clauses appeared inconsistent with the National Employment Standards (NES), a clause stating the NES would prevail in cases of inconsistency resolved this issue. The agreement will operate from August 6, 2026, and expire on September 30, 2027.
What it means for employers
Employers should review enterprise agreements to ensure they align with the National Employment Standards (NES). A clause ensuring the NES prevails in case of inconsistency can help avoid conflicts. Agreements must also be made with unions that represent a majority of employees.
What it means for employees
Employees covered by this agreement will benefit from the terms outlined, but should remember that the National Employment Standards take precedence where there is conflict between the agreement and those standards.
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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 →