Application by The APSE Pty Ltd
Citation: [2026] FWCA 2328
What happened
The APSE Pty Ltd applied for approval of its enterprise agreement, The APSE Pty Ltd Enterprise Agreement 2026-2030. The agreement covers a single enterprise and is for the plumbing industry. The company provided written undertakings, which were accepted. The application was made under section 185 of the Fair Work Act 2009.
What was decided
The Fair Work Commission approved The APSE Pty Ltd Enterprise Agreement 2026-2030. The agreement will operate from September 2, 2026, and expire on September 1, 2030. The Commission was satisfied the agreement met the requirements of sections 186, 187, 188 and 190 of the Fair Work Act. Any inconsistencies between the agreement and the National Employment Standards (NES) will be resolved in favour of the NES. The workplace delegates’ rights term from the Plumbing and Fire Sprinklers Award 2020 is also a term of the agreement.
What it means for employers
Employers seeking to implement enterprise agreements should ensure they comply with all relevant sections of the Fair Work Act. Providing written undertakings can help address potential concerns raised by the Commission. Agreements should also be reviewed to ensure they do not contradict the National Employment Standards, with the NES taking precedence in case of inconsistency.
What it means for employees
Employees covered by The APSE Pty Ltd Enterprise Agreement 2026-2030 will benefit from the terms outlined in the agreement. Where the agreement conflicts with the National Employment Standards, the NES will apply. The agreement will operate from September 2, 2026, and expire on September 1, 2030.
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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