austlii:cth/FWCA/2026/523
General information, not legal advice.
FWCA
2026-02-27
Original judgment source is linked above.
Application for approval of the Placid Pools Enterprise Agreement 2025
[1] An application has been made for approval of an enterprise agreement known as the Placid Pools Enterprise Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Placid Pools Trading As Placid Pools (the Applicant). The Agreement is a single enterprise agreement.
[2] The Applicant has provided written undertakings. I am satisfied that the undertakings 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.
[3] Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
[4] Noting clause 4.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.
[5] Pursuant to s.205A(2) of the Act, the workplace delegates' rights term prescribed by the Building and Construction General On-Site Award 2020 is taken to be a term of the Agreement.
[6] The Agreement is approved and in accordance with s.54 of the Act will operate from 6 March 2026. The nominal expiry date is 27 February 2030.
Printed by authority of the Commonwealth Government Printer
I, Tanya Spelta, Director of Placid Pools Pty Ltd as Trustee for Placid Pools Unit Trust ('Placid Pools') (ABN 67 973 361 137) give the following undertakings with respect to the Placid Pools Enterprise Agreement 2025 ("the Agreement"):
I have the authority given to me by Placid Pools to provide this undertaking in relation to this application before the Fair Work Commission.
Clause 48 is to be replaced by the Clause 36A. Workplace Delegates' Rights of the Building and Construction General On-site Award 2020.
The minimum rates table provided at clause 21.1 is to be read as follows:
Ordinary hours will average 38 per week over a 52-week period and must not exceed 152 hours in any 4-week period, unless otherwise mutually agreed between the Employer and the Employee. These hours may be worked between 6:00 am and 6:00 pm, Monday to Saturday.
In accordance with clause 17.3 and 18.4, all time worked by a casual employee in excess of 9 hours in one day or 38 hours in one week or outside of the span of ordinary hours will be overtime.
Employer name: Placid Pools Pty Ltd as Trustee for Placid Pools Unit Trust