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austlii:cth/FWCA/2025/1474
General information, not legal advice.
FWCA
2025-05-02
Original judgment source is linked above.
s.185 - Enterprise agreement
Kec Power Pty Ltd Trading AS Genus Industrial Services
Application for approval of the KEC Power Pty Ltd Enterprise Agreement 2025
[1] Kec Power Pty Ltd Trading AS Genus Industrial Services (the Applicant) has made an application for the approval of an enterprise agreement known as the KEC Power Pty Ltd Enterprise Agreement 2025 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.
[2] On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act as are relevant to this application for approval have been met.
[3] Clause 4.4 of the Agreement provides that where there is any conflict with the National Employment Standards (NES) and the Agreement the NES will apply to the extent of the inconsistency.
[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union), being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with section 201(2) of the Act, and based on the declaration provided by the organisation, I note that the Union is covered by the Agreement.
[5] The Applicant noted with the Commission that it identified a minor cross reference error in the Agreement. Under section 218A(2)(a) of the Act, the Commission can, on its own initiative, exercise its power to "vary an enterprise agreement to correct or amend an obvious error, defect or irregularity (whether in substance or form)". I am satisfied that the following is an amendment to obvious error, defect, or irregularity and will be varied, effective 9 May 2025:
Clause 19.7 - Includes cross reference to Clause 27, this is an error and should instead cross reference Clause 28.
[6] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 9 May 2025. The nominal expiry date of the Agreement is 12 May 2028.
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