The Union’s "New Year Resolution": Is the new offer of "Flexibility" a breakthrough or a commercial trap?

For the last twenty years, the Golden Rule of Queensland construction has been simple: Do not touch the RDOs.

The RDO calendar wasn’t just a roster; it was a religious text. You could have a critical concrete pour, a looming liquidated damages date, or a cyclone bearing down on the coast—it didn't matter. If it was a Rostered Day Off, the site gates were locked.

But 2026 feels different.

With the CFMEU (Construction & General Division) now firmly under Administration following the High Court’s validation of the takeover, the balance of power has shifted. In an effort to stabilize membership and rebuild industry trust, the Union has tabled proposed EBA variations taking effect this January. They are offering something we haven’t heard in a long time: Flexibility.

Specifically, the new variation aims to provide greater flexibility around RDOs and shutdown weeks.

The Commercial Reality Check

On the surface, this looks like the breakthrough the industry has been screaming for. A chance to de-risk programs? A way to claw back time on delayed projects?

But before you rush to update your P6 program, we need to look at the fine print.

As commercial specialists, our spidey senses tingle whenever we hear the word "flexibility" in the same sentence as "Enterprise Agreement." Why? Because in our experience, flexibility is rarely free. It usually comes with a price tag that isn't immediately obvious until the first payment claim lands on your desk.

A recent economic report highlighted that the strict application of CFMEU EBA conditions can add up to 33% to the cost of a project. The fear is that this new "flexibility"—if not managed correctly—might actually drive that premium even higher.

The Hidden Risks

Here is the risk profile we are watching closely for Government and Contractor clients:

1. The "Opt-In" Premium: Often, "flexible RDOs" don't mean you can work them at normal rates. It means you are allowed to work them—usually at penalty rates (often 250% + a day in lieu). If your tender priced the job on a standard calendar, this "flexibility" burns your margin immediately.

2. The "Mutual Agreement" Trap: The variations likely require "mutual agreement" between the employer and the Union delegate. This gives the site team a false sense of control. If the Delegate says "No" on the day, your flexible pour is cancelled, but your concrete trucks are already booked.

3. The Productivity Illusion: Working through an RDO might look good on the program, but does it deliver value? Or are you paying triple wages for tired crews?

The Bench View

We are cautiously optimistic. The industry needs reform. The strict RDO rigidity of the last decade has stifled productivity on major infrastructure jobs.

However, for Government Directors, if you are tendering now, you need to clarify how this fits into your Schedule of Rates. For Contractors, you need to check if your Head Contract allows you to recover "acceleration costs" before your Site Manager books the crew.

Our advice is simple: Treat this EBA variation like a variation from a subcontractor. Don't sign it until you've run the numbers. If you don't know if the "flexibility" is recoverable under your contract, keep the site gates locked.

References

• Workforce Advisory Lawyers: CFMEU Queensland Seeks EBA Variations (Jan 2026)

• Master Builders QLD / QEAS: Economic Analysis of CFMEU EBA Impact (33% Cost Premium)

• Clayton Utz: High Court Upholds CFMEU Administration