Application by CFMEU (105N)
Citation: [2026] FWCA 2379
What happened
The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied to have the BESIX Watpac / CFMEU South Australia Enterprise Agreement 2026 approved. This is a single enterprise agreement covering employees in the building, metal and civil construction industries. The application was made under section 185 of the Fair Work Act 2009. The agreement does not cover all employees of BESIX Watpac. The CFMEU, acting as a bargaining representative, also notified its desire for the agreement to cover the union.
What was decided
The Fair Work Commission approved the BESIX Watpac / CFMEU South Australia Enterprise Agreement 2026. The Commission found that the requirements of sections 186, 187, 188, 193 and 193A of the Fair Work Act were met. The agreement will operate from 7 September 2026 and expire on 30 June 2027. The Commission considered the factors in sections 186(3) and (3A) and was satisfied the group of employees was fairly chosen. As the CFMEU is a bargaining representative, the agreement covers the union.
What it means for employers
Employers should ensure that enterprise agreements fairly represent the group of employees they intend to cover. Agreements must also meet the requirements outlined in various sections of the Fair Work Act, including those related to bargaining and representation.
What it means for employees
Employees should be aware of the terms and conditions outlined in enterprise agreements, as they can impact pay, working conditions, and other entitlements. The CFMEU will be covered by this agreement.
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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