Application by CFMEU (105N)
Citation: [2026] FWCA 2338
What happened
The CFMEU applied to the Fair Work Commission for approval of an enterprise agreement. The agreement, titled 'Esjay Commercial Plastering Unit Trust t/as Esjay Commercial Plastering Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering Enterprise Agreement 2024 - 2027', covers a single enterprise. The CFMEU, acting as a bargaining representative, also sought to be covered by the agreement.
What was decided
The Fair Work Commission Deputy President Colman approved the enterprise agreement on 27 August 2026. The Commission found that the requirements of sections 186, 187, and 188 of the Fair Work Act 2009 were met. The agreement also covers the CFMEU, as required by section 201(2) of the Act. As stated, 'The Agreement was approved on 27 August 2026.'
What it means for employers
Employers should ensure any enterprise agreements they negotiate comply with the Fair Work Act 2009, particularly sections 186, 187, and 188. These sections outline requirements for approval, including employee involvement and genuine bargaining.
What it means for employees
Employees should be aware of enterprise agreements that may affect their working conditions. The CFMEU sought to be covered by this agreement, indicating a potential for collective bargaining and improved terms and conditions for its members.
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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