Application by CFMEU (105N)
Citation: [2026] FWCA 2415
What happened
The CFMEU applied to have the DC Resourcing Pty Ltd / CFMEU Collective Agreement 2024–2027 approved. This is a single enterprise agreement covering employees in the building, metal and civil construction industries. The agreement did not cover all employees of the employer, but the group of employees was considered fairly chosen. The employer missed the deadline to provide the Notice of Employee Representational Rights (NOERR) to employees.
What was decided
The Fair Work Commission approved the DC Resourcing Pty Ltd / CFMEU Collective Agreement 2024–2027. The Commission found the missed NOERR deadline was a minor technical error and did not disadvantage employees. The agreement will operate from 10 September 2026 and expire on 4 July 2027. The CFMEU is covered by the agreement.
What it means for employers
Employers must adhere to the timelines for providing the Notice of Employee Representational Rights (NOERR) when negotiating enterprise agreements. While a missed deadline can be excused as a technical error, it's crucial to ensure compliance to avoid potential delays or challenges to agreement approval.
What it means for employees
Employees should be aware of their rights during enterprise agreement negotiations and ensure they receive the Notice of Employee Representational Rights (NOERR) in a timely manner. If not, raise this with the relevant parties.
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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