Application by Paragon Plumbing WA Pty Ltd
Citation: [2026] FWCA 1735
At a glance
- Awards cited
- MA000217
What happened
Paragon Plumbing WA Pty Ltd sought approval for a greenfields agreement, the Paragon Plumbing WA Pty Ltd Alkimos Sea-Water Desalination Plant Onshore Project Union Greenfields Agreement 2025. The Fair Work Commission considered whether the agreement met the requirements of the Fair Work Act 2009 and was consistent with the National Employment Standards (NES). The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia is a bargaining representative for the agreement.
What was decided
The Fair Work Commission approved the greenfields agreement. However, it noted some clauses were inconsistent with the NES. Specifically, clause 41.5(a) had a more stringent notice requirement than allowed by the Act and clause 45 was silent on miscarriage or stillbirth leave. The Commissioner ruled that the more beneficial entitlements of the NES would prevail where there was an inconsistency. A delegates’ rights term was also adjusted to align with the Plumbing and Fire Sprinklers Award 2020.
What it means for employers
Employers should ensure enterprise agreements are consistent with the National Employment Standards, particularly regarding notice requirements for absence and compassionate leave entitlements. Regularly review agreement terms to account for changes in legislation or Full Bench decisions impacting delegates’ rights.
What it means for employees
Employees covered by this agreement benefit from the more generous provisions of the NES where inconsistencies exist within the enterprise agreement. Be aware that delegate rights are governed by the Plumbing and Fire Sprinklers Award 2020.
Want this applied to your situation?
Reading the decision is free. FairWork Mate goes further — it reads the full case library and applies precedents like this one to your specific facts, citing the cases as it reasons. General information, not a guaranteed outcome or legal advice.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2026fwca1735.pdfWant more cases like this?
FairWork Mate tracks Fair Work Ombudsman, Fair Work Commission and Federal Court decisions across Australia. The AI advisor answers plain-English questions grounded on the full corpus — awards cited, industry, penalty amounts and affected employee counts — with a citation to the underlying decision on every answer.
Individual case summaries on this site are free. Full-corpus advisor access is a paid product — Business Solo from $99/mo, 50% off your first 3 months for the first 100 signups.
Get notified on new Fair Work cases
Free email alerts when we publish new underpayment decisions, penalty orders, and workplace law updates.
Free forever. No spam. Unsubscribe anytime.
This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →