Application for approval of the KCE Pty Ltd Enterprise Agreement 2025-2029

[1] An application has been made by KCE Pty Ltd (Applicant) for approval of an enterprise agreement known as the KCE Pty Ltd Enterprise Agreement 2025-2029 (Agreement). The Application is made pursuant to s. 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement. The Commission must approve the agreement if the requirements in ss. 186 and 187 of the Act are met.

[2] Sections 186(2)(d) requires the Commission to be satisfied the agreement passes the better off overall test (BOOT). The test is found in s.193 of the Act and it is to be applied in accordance with s. 193A.

[3] Issues were raised with the Applicant as to whether the Agreement passed the BOOT. In response, the Applicant has provided undertakings.

[4] A copy of the undertakings is attached (Annexure A). In accordance with s. 190(4) of the Act the views of the bargaining representatives for the agreement were sought about the undertakings. No objection was raised. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement.

[5] Having regard to the undertakings and the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss. 186 and 187 are met.

[6] The Agreement does not provide for a delegates' rights clause as required by s.205A(1) of the Act. In accordance with s.201(1A), I note that clause 36A, Workplace delegates' rights, in the Building and Construction On-Site Award 2020 is to be taken to be a term of the Agreement.

[7] The Agreement was approved on 17 September 2025 and will operate from 24 September 2025 in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 17 September 2029

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