Application by CFMEU (105N)
Citation: [2026] FWCA 2039
What happened
The CFMEU applied to have the SKRA PTY LTD and CFMEU (Victorian Construction and General Division) Specialised Rope Access Enterprise Agreement 2024-2027 approved. The agreement is a single enterprise agreement covering employees in the building, metal and civil construction industries. The Fair Work Commission considered whether the requirements of various sections of the Fair Work Act 2009 were met. The agreement does not cover all SKRA PTY LTD employees but the group was fairly chosen.
What was decided
The Fair Work Commission approved the enterprise agreement on August 3, 2026. It will operate from August 10, 2026 and expire on July 2, 2027. The Commission found that all relevant requirements of the Fair Work Act were met, including those relating to fair employee selection. As a bargaining representative, the CFMEU had notified its desire for the agreement to cover it, and this was noted.
What it means for employers
Employers should ensure any enterprise agreements they negotiate comply with the Fair Work Act 2009's requirements. Agreements don’t need to cover all employees but must have a fairly chosen group of employees.
What it means for employees
Employees should be aware of their rights under approved enterprise agreements, which outline terms and conditions of employment. This agreement covers employees in the specialised rope access sector within the construction industry.
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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