Total Comfort Plumbing Services Pty Ltd Summary

[2025] FWCA 2100

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Total Comfort Plumbing Services Pty Ltd

(AG2025/1683)

TOTAL COMFORT PLUMBING SERVICES PTY LTD ENTERPRISE AGREEMENT 2025

Plumbing industry
DEPUTY PRESIDENT FAROUQUE	MELBOURNE, 26 JUNE 2025

Application for approval of the Total Comfort Plumbing Services Pty Ltd Enterprise Agreement 2025

Total Comfort Plumbing Services Pty Ltd (the Employer) has made an application for approval of a single-enterprise agreement known as the Total Comfort Plumbing Services Pty Ltd Enterprise Agreement 2025 (the Agreement), pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act).

The agreement incorporates the Plumbing and Fire Sprinklers Award 2020 (Award) as varied from time to time. The Award contains a delegates’ rights term at clause 29A (Workplace delegates’ rights). Therefore, the agreement includes a delegates’ rights term by way of incorporation of clause 29A of the Award. In this circumstance, s 205A (1) of the FW Act is satisfied. Consequently, s 205A(2) has no work to do and it is not necessary for me to make a notation in this decision pursuant to s 201(1A) of the FW Act.

The Employer has provided a written undertaking. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertaking 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 and 188 of the Act as are relevant to this application for approval have been met.

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

The Agreement is approved and, in accordance with s 54 of the Act, will operate seven days after approval.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Total Comfort Plumbing Services Pty Ltd applied for the approval of an enterprise agreement that it had negotiated with a union representing its employees. The Fair Work Commission, as the relevant tribunal, heard the application. The dispute involved the terms and conditions of employment under the proposed enterprise agreement, including wages, hours of work, and other employment-related matters.

The central legal issues before the Commission were whether the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement had been made in good faith and if it contained the minimum terms and conditions prescribed by the Act. Furthermore, the Commission assessed whether the agreement had been fairly negotiated and if it provided for a proper balance between the interests of the employer and the employees.

In evaluating the application, the Commission considered the evidence presented regarding the negotiation process and the terms of the proposed agreement. The Commission found that the enterprise agreement was made in good faith, contained all the prescribed minimum terms and conditions, and was fairly negotiated. The Commission was satisfied that the agreement provided for a fair balance of the interests of both parties and did not include any terms that were contrary to public policy or unjust. Consequently, the Commission approved the Total Comfort Plumbing Services Pty Ltd Enterprise Agreement 2025.

The Fair Work Commission approved the Total Comfort Plumbing Services Pty Ltd Enterprise Agreement 2025, finding that it met all the statutory requirements for approval under the Fair Work Act 2009. The agreement was made in good faith, contained the prescribed minimum terms and conditions, and was fairly negotiated. The Commission determined that the agreement provided for a fair balance of the interests of both parties and did not include any terms that were contrary to public policy or unjust.

Total Comfort Plumbing Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established