Additional measures announced for applications for the approval of enterprise agreements in the building and construction industry.

In light of recent reports and allegations involving the construction division of the Construction, Forestry and Maritime Employees Union (CFMEU), the Fair Work Commission (FWC) announced on 30 July 2024 that it is adopting additional measures in relation to applications for approval of enterprise agreements in the industry.

These measures are implemented to ensure that the genuine agreement requirement for approval of enterprise agreements is satisfied. These additional measures include:

• Allowing interested parties to provide additional information to the FWC as a part of its consideration of these applications.
• Establish a dedicated webpage.
• Seeking additional information where required.

In addition, for enterprise agreements lodged on or after 10 July 2024, the FWC will write to all parties to request documentary evidence, where relevant, of the steps taken in relation to the agreement-making process. Parties to these applications will, as a general rule, be given three business days to provide the relevant information.

The FWC will consider any concerns raised as part of the approval process and may also conduct hearings in those cases where there are concerns or contested facts.

Concerns about contraventions of the Fair Work Act 2009

Members who are aware of conduct by the CFMEU which may have contravened the Fair Work Act 2009, are encouraged to report this conduct to the Fair Work Ombudsman using the methods provided on the Contact us – Fair Work Ombudsman webpage.

If you have any questions about your enterprise agreement, please reach out to our Workplace Relations and Legal Team on 02 6175 5900.