Tacoma Plumbing (Nth Qld) Pty Ltd

[2025] FWCA 379

[2025] FWCA 379

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Tacoma Plumbing (Nth Qld) Pty Ltd

(AG2024/5210)

TACOMA PLUMBING (NTH QLD) PTY LTD CAIRNS HOSPITAL EXPANSION PROJECT ENTERPRISE AGREEMENT 2024

Plumbing industry
DEPUTY PRESIDENT BUTLER	BRISBANE, 30 JANUARY 2025

Application for approval of the Tacoma Plumbing (Nth Qld) Pty Ltd Cairns Hospital Expansion Project Enterprise Agreement 2024

1. Tacoma Plumbing (Nth Qld) Pty Ltd (“Tacoma Plumbing”) has applied for approval of an enterprise agreement known as Tacoma Plumbing (Nth Qld) Pty Ltd Cairns Hospital Expansion Project Enterprise Agreement 2024 (“the Agreement”). The Application was made under s.185 of the Fair Work Act 2009 (“the Act”). The Agreement is a single enterprise agreement.

2. On behalf of Tacoma Plumbing, Mr Sean McNamara made a declaration in support of its application on 20 December 2024. His declaration states that at the time of the vote six employees were covered by the agreement, and all six of them cast a valid vote (and voted in favour). The same declaration lists the following classifications:

• Plumbing and Mechanical Services Sheet Metal Worker (55% and 75%);

• Plumbing and Mechanical Services Worker Level 2(a), Level 2(b), Level 2(c), Level 2(d), and Level 2 (100%);

• Plumbing and Mechanical Services Tradesperson Level 1 and Level 2;

• Plumbing and Mechanical Services – Special Class Level 1 and Level 2;

• Advanced Plumbing and Mechanical Services Tradesperson (120% and 125%)

• Apprentice (1^st year through to 4^th year), Apprentice Mature Aged (1^st year through to 4^th year), Apprentice (Trade Qualified), including Mature Aged (1^st year through to 4^th year).

1. Mr McNamara’s declaration also lists the classifications under the Plumbing and Fire Sprinklers Award 2020 to which the Employer says those classifications, above, correspond.

2. There were no classifications in the Agreement that the employer could not match with corresponding classifications in the Plumbing and Fire Sprinklers Award 2020 and none outside the plumbing and mechanical services occupational group. In the circumstances, though only six people were covered when the Agreement was agreed to, I do not consider this a situation akin to that considered in One Key Workforce Pty Ltd v Construction, Forestry, Mining and Energy Union [2018] FCAFC 77.

3. I am satisfied that each of the requirements of ss.186, 187, 188 and 190, as are relevant to this application for approval, has been met.

4. Noting clause 4 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards (“NES”) in the Act will prevail where there is an inconsistency between the Agreement and the NES.

5. 
   The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 13 February 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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