Application by Paragon Plumbing WA Pty Ltd
At a glance
- 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.
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