Application by CFMEU (105N)
Citation: [2026] FWCA 2336
What happened
The Construction, Forestry and Maritime Employees Union (CFMEU) applied for approval of the Koorta Boodjar Pty Ltd and CFMEU (WA) Collective Agreement 2024-2027. This agreement covers employees in the building, metal and civil construction industries. The application was made under section 185 of the Fair Work Act 2009. The agreement is a greenfields agreement, meaning it applies to a new or expanding workplace.
What was decided
The Fair Work Commission approved the Koorta Boodjar Pty Ltd and CFMEU (WA) Collective Agreement 2024-2027. Deputy President Masson was satisfied the agreement met the requirements of the Fair Work Act. The agreement will operate from seven days after approval, with a nominal expiry date of 2 July 2027. Clauses potentially inconsistent with the National Employment Standards will be superseded by the more beneficial entitlements of the NES.
What it means for employers
Employers entering into collective agreements must ensure they comply with the Fair Work Act, including sections 186, 187 and 188. They should also consider potential inconsistencies with the National Employment Standards and include a precedence clause to ensure the more beneficial entitlements apply.
What it means for employees
Employees covered by the approved agreement will benefit from the terms and conditions outlined in the Koorta Boodjar Pty Ltd and CFMEU (WA) Collective Agreement 2024-2027. Any inconsistencies with the National Employment Standards will be resolved in their favour.
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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