Commercial Pools Systems (Constructions) Pty Ltd

[2025] FWCA 1548

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Commercial Pools Systems (Constructions) Pty Ltd

(AG2025/1194)

COMMERCIAL POOLS SYSTEMS (CONSTRUCTIONS) PTY LTD AND CEPU-PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 13 MAY 2025

Application for approval of the Commercial Pools Systems (Constructions) Pty Ltd and CEPU-Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027

Commercial Pools Systems (Constructions) Pty Ltd (Commercial Pools) has made an application through a related entity for approval of an enterprise agreement known as the Commercial Pools Systems (Constructions) Pty Ltd and CEPU-Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

Clause 2.1.1 of the Agreement omits the name of the employer and contains instead a field for the insertion of a company name and ABN. This is an obvious error that I will correct by varying the Agreement on my own motion under s 218A of the Act. Commercial Pools and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) agree with this course. Commercial Pools has confirmed that it is the employer covered by the Agreement. This is consistent with the notice of employee representational rights that was sent to employees. It is appropriate to vary the Agreement to insert the name of the employer. The variation will operate from the date on which the Agreement will commence operation.

The CEPU, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2), I note that the Agreement covers the CEPU.

The Agreement was approved on 13 May 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission was for the approval of a proposed enterprise agreement between Commercial Pools Systems (Constructions) Pty Ltd and the CEPU-Plumbing Division (Vic). The dispute centred on whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. The Fair Work Commission was the tribunal tasked with making the determination.

The primary legal issues for the Commission to decide were whether the proposed agreement was a genuine enterprise agreement and whether it met the ‘better off overall test’ as required by the Fair Work Act. This involved assessing whether the agreement provided employees with a minimum rate of pay and conditions that were no worse than those provided under the relevant award or safety net. Additionally, the Commission had to consider if the agreement was made in good faith and whether it complied with all relevant provisions of the Act.

The Commission found that the proposed agreement was a genuine enterprise agreement, made in good faith, and it met the ‘better off overall test.’ The Commission noted that the agreement provided for improved wages and conditions for employees, ensuring they were not worse off than under the existing award. Furthermore, the agreement included provisions for consultation and dispute resolution mechanisms that were compliant with the Act. Based on these findings, the Commission approved the agreement.

The Fair Work Commission approved the Commercial Pools Systems (Constructions) Pty Ltd and CEPU-Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027. This decision recognised the agreement as a genuine enterprise agreement that met all statutory requirements, ensuring that it would provide employees with improved terms and conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established