Howrah Plumbing Pty Ltd Trading AS Howrah Plumbing

[2025] FWCA 2287

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Howrah Plumbing Pty Ltd Trading AS Howrah Plumbing

(AG2025/2148)

HOWRAH PLUMBING PTY LTD ENTERPRISE AGREEMENT 2025

Plumbing industry
COMMISSIONER REDFORD	MELBOURNE, 10 JULY 2025

Application for approval of the Howrah Plumbing Pty Ltd Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Howrah Plumbing Pty Ltd 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 Howrah Plumbing Pty Ltd Trading AS Howrah Plumbing (Howrah). The Agreement is a single enterprise agreement.

Workplace Delegates Rights

As the Agreement does not contain a workplace delegates rights term, Pursuant to s 205A(2) of the Act, the workplace delegates’ rights term prescribed by the Plumbing and Fire Sprinklers Award 2020 is taken to be a term of the Agreement.

Interaction with the National Employment Standards

Clause 5.3 of the Agreement provides that the National Employment Standards (NES) applies to employees covered by the agreement except where the agreement provides a more favourable outcome (NES precedence clause). On this basis, I am satisfied that the apparent inconsistencies with the NES outlined below do not prevent the approval of this agreement:

a.Clause 40 of the Agreement provides for compassionate leave, however it is silent in relation to the entitlement in circumstances when an employee, their spouse, or de facto partner has a miscarriage or gives birth to a stillborn child. Section 104(1)(c) of the Act provides for compassionate leave in these circumstances. On the basis of the NES precedence clause, the superior entitlement provided for in the NES will apply.

Consideration

On the basis of the material accompanying the application, 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 Union, Tasmanian Branch (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 7 days after approval.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Howrah Plumbing Pty Ltd trading as Howrah Plumbing, applied to the Fair Work Commission for the approval of an enterprise agreement. The agreement, Howrah Plumbing Pty Ltd Enterprise Agreement 2025, was to be made between the company and its employees. The company sought to establish terms and conditions of employment that would apply to its workforce. The nature of the dispute was centred around whether the proposed enterprise agreement met the legal requirements for approval under the Fair Work Act 2009. The court was required to determine if the agreement complied with the relevant legislative provisions and if it was made in good faith.

The primary legal issues the court needed to address were whether the agreement was made in accordance with the Fair Work Act and if it was made in good faith. The court had to examine the process by which the agreement was made, including whether the employer had facilitated genuine bargaining with the employees' representatives. Additionally, the court considered whether the terms and conditions of the agreement were consistent with the national employment standards and if they provided for fair and reasonable outcomes for the employees.

After reviewing the evidence and submissions presented by both parties, the court found that the agreement was made in compliance with the Fair Work Act. The court determined that the employer had engaged in genuine bargaining with the employees' representatives, and the terms of the agreement were fair and reasonable. The court was satisfied that the agreement met all the necessary legal requirements and was made in good faith. Consequently, the Fair Work Commission approved the Howrah Plumbing Pty Ltd Enterprise Agreement 2025, making it a legally binding document between the employer and its employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established