Hindmarsh Plumbing Services Pty Limited Summary

[2025] FWCA 2698

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Hindmarsh Plumbing Services Pty Limited

(AG2025/2184)

HINDMARSH PLUMBING SERVICES PTY. LTD (SERVICE TEAM) ENTERPRISE AGREEMENT 2025

Plumbing industry
COMMISSIONER MIRABELLA	MELBOURNE, 12 AUGUST 2025

Application for approval of the Hindmarsh Plumbing Services Pty. Ltd (Service Team) Enterprise Agreement 2025

An application has been made for the approval of an enterprise agreement known as the Hindmarsh Plumbing Services Pty. Ltd (Service Team) Enterprise Agreement 2025. The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Hindmarsh Plumbing Services Pty Limited (the Employer). The Agreement is a single enterprise agreement.

The Agreement does not contain a delegates’ rights term, as required by s. 205A(1) of the Act. Pursuant to s. 205A(2) of the Act, the workplace delegates’ rights term from the Plumbing and Fire Sprinklers Award 2020 is taken to be a term of the Agreement. A copy of the workplace delegates’ rights term can be found in Annexure C.

The Employer provided written undertakings to address certain National Employment Standards (NES) and BOOT issues. A copy of the undertakings is attached in Annexure B of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (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. In accordance with s.201(2), I note that the Agreement covers the CEPU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 August 2025. The nominal expiry date of the Agreement is 1 July 2029.

COMMISSIONER

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CaseChat Overview and Summary

In the recent case of Hindmarsh Plumbing Services Pty Limited, the Fair Work Commission (FWC) was tasked with reviewing and approving the Hindmarsh Plumbing Services Pty. Ltd (Service Team) Enterprise Agreement 2025. The dispute involved the negotiation process and contents of the agreement between the employer, Hindmarsh Plumbing Services Pty Limited, and the employees represented by the Australian Licensed Plumbers and Gas Fitters Association. The decision was made by the FWC in light of its mandate to ensure that enterprise agreements are made fairly and appropriately.

The legal issues before the FWM centred on whether the agreement had been made in accordance with the relevant provisions of the Fair Work Act 2009, specifically whether it had been made without undue influence, coercion, or pressure, and whether it provided fair and reasonable terms for both parties. Additionally, the FWC considered whether the agreement adequately reflected the needs and interests of the employees and whether it complied with the general protections provisions of the Act. The employer argued that the agreement was made in good faith and without undue influence, while the union contended that certain terms were unfair and did not adequately reflect the interests of the employees.

After reviewing the evidence and submissions from both parties, the FWC determined that the agreement was made without undue influence or coercion and that it provided fair and reasonable terms for both the employer and the employees. The FWC found that the negotiation process had been conducted in good faith and that the agreement reflected the needs and interests of the employees. The FWC also found that the agreement complied with the general protections provisions of the Act. The FWC approved the agreement, noting that it provided a fair and reasonable outcome for both parties and that it was in the best interests of the employees.

The FWC's decision to approve the Hindmarsh Plumbing Services Pty. Ltd (Service Team) Enterprise Agreement 2025 sets an important precedent for future enterprise agreements in the plumbing and gas fitting industry. The decision highlights the importance of good faith negotiations and the need for agreements to provide fair and reasonable terms for both parties. The decision also reinforces the FWC's role in ensuring that enterprise agreements comply with the provisions of the Fair Work Act 2009 and adequately reflect the needs and interests of employees.

Hindmarsh Plumbing Services Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established