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CFMEU Queensland Seeks EBA Variations

What Contractors Need to Ask

The CFMEU Queensland is holding subcontractor sector meetings next week, commencing 13 October 2025, to discuss proposed variations to more than 250 existing enterprise bargaining agreements (EBAs).

The Union’s proposal, expected to take effect in January 2026, aims to provide greater flexibility around Rostered Day Off (RDO) shutdown weeks. However, with few details released, contractors are understandably on edge—many believe the “horse has already bolted” in certain sectors.


Early Signs of Change—but Is It Enough?

The Union’s proposed amendments are being pitched as a good-faith attempt to provide relief and flexibility. Yet, for many contractors, the economic and operational damage of recent years runs deep. Relationships have been strained, and trust eroded.

If the CFMEU is serious about rebuilding confidence, its proposed changes will need to go further—offering more choice, flexibility, and openness to competition, not just marginal adjustments.

Contractors are now urging that choice of superannuation, redundancy, income protection, and insurance providers be introduced into new variations.
The current “closed shop” of compulsory providers has reduced competitiveness and transparency. Expanding provider choice would deliver genuine value and flexibility for employers and workers alike.


The Bigger Picture: Reform Pressure Is Mounting

Union organisers are likely aware that minor amendments won’t be enough to stem membership decline or rebuild industry trust.

The upcoming Queensland Productivity Commission (QPC) Inquiry, expected to report later this month, is anticipated to recommend a new State Code of Conduct or Building Procurement Code.

This new Code would mirror the former Commonwealth Building Code 2016, which introduced sweeping EBA reforms—removing third-party controls, union approval clauses, and other management restrictions.

In other words, further mandatory changes to EBAs may be coming soon, regardless of what the Union proposes in the short term.


Questions Contractors Should Be Asking

For contractors attending next week’s CFMEU meetings, it’s essential to seek clarity—not just on what’s changing, but on how it will improve your ability to manage projects efficiently and competitively.

We recommend asking the following key questions:

  1. Will employees have a genuine choice of superannuation, redundancy, and insurance providers?

  2. Will the amendments ensure compliance with new or upcoming State Government procurement requirements?

  3. How will the changes reduce contractor costs and improve productivity?

  4. Will entitlements be staged for projects under $200 million or $500 million?

  5. Have union permission clauses been removed for overtime, shifts, or weekend work?

  6. Will overtime return to time-and-a-half for the first two hours?

  7. Will eight RDOs be converted into four payout Saturdays to reduce downtime?

  8. Are blocked RDO calendar periods being reduced?

  9. Have excessive travel and fare payments on RDOs been removed?

  10. Will site allowances be removed or scaled down for projects under $200 million?

  11. Will site allowances be paused when projects are behind schedule?

  12. Have the roles of Health and Safety Representative (HSR) and Union Delegate been separated to avoid conflicts of interest?

These aren’t minor questions—they go to the heart of commercial flexibility, project delivery, and industrial harmony.


The Stakes: Time for a True Reset

Despite perceptions, most contractors have borne significant financial losses in recent years—often in the millions—due to restrictive EBAs, rising costs, and inflexible site rules.

The fragility of the construction market is now clear. The CFMEU’s January 2026 variation proposal presents a crucial opportunity to reset and rebuild. But half-measures won’t suffice.

As the saying goes, leadership means knowing when to hold them, and when to fold them—and right now, contractors know when to run. The union must move decisively if it hopes to prevent deeper structural reform being imposed externally.


How Workforce Advisory Lawyers Can Help

With over 50 years of combined experience supporting the building and civil construction industry, Workforce Advisory Lawyers are uniquely positioned to help contractors and subcontractors navigate these changing industrial dynamics.

We can assist with:

  • Reviewing and preparing documents to vary your enterprise agreement;

  • Advising on management strategies for ongoing or tendered projects;

  • Developing workforce consultation plans and explaining the impact of new or varied terms; and

  • Ensuring compliance with existing EBAs and any upcoming State Codes or procurement requirements.

We also work proactively with policymakers and the Queensland Productivity Commission to shape reforms that promote a fair, transparent, and competitive construction industry for all participants.


Final Thoughts

The coming months will test both sides of the construction industry. The CFMEU’s willingness to deliver meaningful reform—and contractors’ preparedness to negotiate constructively—will determine whether Queensland’s construction market enters 2026 stronger, leaner, and more collaborative.

For tailored guidance or confidential advice ahead of the Union meetings, contact Workforce Advisory Lawyers today on 1300 925 529 or office@workforceadvisory.com.au

Update- Union Rejects Change

 

On 20th October, the Union rejected any suggestion of change. While the CFMEU may have drawn a line for now, pressure for wider EBA reform is far from over.  We expect news in February 2026?

 

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