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FWCFair Work Commission · 2026

Application by CFMEU (105N)

Citation: [2026] FWCA 2234

What happened

The CFMEU applied to the Fair Work Commission for approval of the Bendia Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Caulking & Sealing Enterprise Agreement 2024 – 2027. The agreement covers a single enterprise. The CFMEU, acting as a bargaining representative, notified the Commission of its desire for the agreement to cover the organisation, as required by the Fair Work Act.

What was decided

The Fair Work Commission approved the enterprise agreement. Deputy President Masson found that the requirements of sections 186, 187, and 188 of the Fair Work Act were met. The agreement will operate from August 25, 2026, and expire on July 2, 2027. As stated in section 201(2) of the Act, the agreement covers the organisation.

What it means for employers

Employers should ensure any enterprise agreements they negotiate comply with the Fair Work Act and related regulations. This includes fulfilling all requirements for approval, as outlined in sections 186, 187, and 188. Proper consultation and representation are crucial for a successful agreement.

What it means for employees

Employees should be aware of their rights and protections under enterprise agreements. This agreement provides terms and conditions of employment for covered employees. The CFMEU notified the Commission of its desire for the agreement to cover the organisation.

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Every statement above is drawn from the published decision. Read the original here:

https://www.fwc.gov.au/documents/decisionssigned/pdf/2026fwca2234.pdf

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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

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