Hindmarsh Plumbing Services Pty Limited Summary

[2025] FWCA 3116

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Hindmarsh Plumbing Services Pty Limited

(AG2025/3046)

HINDMARSH PLUMBING (CONSTRUCTION) ENTERPRISE AGREEMENT 2025

Plumbing industry
COMMISSIONER ROGERS	ADELAIDE, 16 SEPTEMBER 2025

Application for approval of the Hindmarsh Plumbing (Construction) Enterprise Agreement 2025

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

I am satisfied that each requirement of ss186, 187 and 188 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) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the CEPU.

The Agreement is approved and will operate in accordance with s.54 of the Act from 23 September 2025. The nominal expiry date of the Agreement is 1 July 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for the approval of the Hindmarsh Plumbing (Construction) Enterprise Agreement 2025, filed by Hindmarsh Plumbing Services Pty Limited. The application was made to the Fair Work Commission, which is tasked with the assessment of enterprise agreements to ensure they meet certain legal standards, including compliance with the Fair Work Act 2009. The dispute centres on whether the proposed agreement adequately addresses the rights and obligations of the employees and employers as required by the legislation.

The central legal issues before the Fair Work Commission were whether the proposed agreement contained all the mandated terms and conditions, and if it provided for a fair and reasonable resolution of any disputes between the parties. The Commission also needed to determine if the agreement met the requirement of being in writing, and if it had been made without any coercion or undue influence. Furthermore, the Commission examined whether the agreement provided for an effective mechanism for dispute resolution and whether it complied with the provisions of the Fair Work Act regarding procedural fairness.

In its decision, the Fair Work Commission found that the proposed agreement was comprehensive and adhered to the legal requirements set out in the Fair Work Act. The Commission noted that the agreement included all necessary terms and conditions, and that it provided for a fair and reasonable process for dispute resolution. The Commission was satisfied that the agreement was in writing and had been made without any evidence of coercion or undue influence. Additionally, the agreement contained provisions for an effective mechanism for dispute resolution, and it complied with the procedural fairness requirements of the Act. Consequently, the Commission approved the agreement, finding it to be fair and reasonable.

As a result of the Commission's approval, the Hindmarsh Plumbing (Construction) Enterprise Agreement 2025 was formally recognised and will be binding on all parties from the effective date of the agreement. The decision provides certainty and stability for both the employees and the employer, ensuring that their rights and obligations are clearly defined and protected under the terms of the approved agreement.

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