Application by Westside Plumbing Pty Ltd
Citation: [2026] FWCA 1900
What happened
Westside Plumbing Pty Ltd sought approval for its 'Mechanical Construction' Enterprise Agreement 2026. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) was the bargaining representative. A slight irregularity occurred with the employee vote; it was delayed by a day due to a technical error. All employees covered by the agreement voted in favour. Clause 31.3 initially appeared to allow deductions from accrued entitlements but clause 1.4 ensures the National Employment Standards (NES) prevail where there's inconsistency.
What was decided
The Fair Work Commission approved the Westside Plumbing Pty Ltd (Mechanical Construction) Enterprise Agreement 2026. The Commissioner disregarded a minor irregularity in the voting process, finding employees weren’t disadvantaged as they unanimously supported it. The agreement includes model flexibility and consultation terms. It will operate from July 27, 2026, and expire on October 31, 2028. The CEPU is covered by the agreement.
What it means for employers
Employers should ensure voting processes for enterprise agreements are accurate and transparent. Clauses relating to training repayment or deductions must be carefully drafted to avoid conflicts with the National Employment Standards (NES). A clause that appears inconsistent with the NES can be mitigated by including a clause stating the NES will prevail.
What it means for employees
Employees should review enterprise agreements carefully, especially clauses regarding training and deductions. If there are concerns about inconsistencies with employment standards, seek advice from a union or Fair Work Ombudsman.
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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