Phillip Brett Commandeur: NSW pool certifier handed permanent ban from the profession

A private pool certifier has been handed a lifetime ban from working in the profession. See what the investigation uncovered.

A private certifier who signed off on non-compliant swimming pools in NSW has been handed a lifetime ban from working in the profession.

Phillip Brett Commandeur has had his registration as a private certifier cancelled and will be permanently disqualified from holding a certifier licence following an investigation by Fair Trading NSW.

Mr Commandeur is a self described “pools and property expert” who has worked in the industry for the last five years.

In its disciplinary decision handed down on Friday, Fair Trading said Mr Commandeur had engaged in conduct that “fell short of the standard of competence, diligence and integrity that a member of the public is entitled to expect of a reasonably competent registered certifier”.

Mr Commandeur has lodged a review of the disciplinary decision, claiming he has “concerns with the way the investigation and audit was undertaken”.

Phillip Brett Commandeur was issued the ban on Friday.

The disciplinary action related to Mr Commandeur’s work as a certifier of private swimming pools. NSW regulations require pools to be inspected by certifiers to issue certificates of compliance for pools if they meet strict safety and building standards.

Fair Trading NSW said Mr Commandeur issued notices and certificates which were inaccurate, referred to incorrect requirements or to non-existent pools.

Fair Trading NSW said Mr Commandeur also issued inaccurate certificates of compliance for spa pools that did not comply with building requirements, failed to conduct further inspections of pools when required, failed to comply with statutory duties, and “repeatedly failed” to comply with the Building Professionals Board code of conduct.

Mr Commandeur worked as a certifier of swimming pools.

“His conduct fell short of the standard of competence, diligence and integrity that is expected of a reasonably competent certifier,” Fair Trading said in its decision.

In a statement, Mr Commandeur said: “I intend to exercise my right to have a formal internal review conducted as I have concerns with the way the investigation and audit was undertaken.”

Mr Commandeur has been an accredited certifier for the last five years after obtaining his accreditation in Queensland in 2017.

Swimming pools require safety certification under NSW regulations.

His website – Phil Commandeur Real Estate – states he also works as a Waterloo-based real estate agent and is a self-described specialist in both pools and property.

“I have incredible insight into all things pools and property across New South Wales and Queensland,” his website states.

“In the last two years alone, I have personally stepped across the threshold of more than 1800 homes from as far south as Wollongong, through to Greater Sydney, Central Coast and north to Kempsey, Crescent Heads, the Tweed Rivers, Gold Coast, Brisbane and Sunshine Coast – that’s an average of five homes per day (including weekends).

“What drives me is being able to use my skills, network, experience and processes to be the best.

“You bring the emotion, I’ll bring the business. Together we’ll have the passion.”

The decision to permanently ban Mr Commandeur from being a private certifier is the heaviest penalty handed out to a private certifier since 2014, according to NSW Fair Trading’s disciplinary register.