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austlii:cth/FWCA/2025/3618
General information, not legal advice.
FWCA
2025-10-29
Original judgment source is linked above.
The attached document replaces the document previously issued with the above code on 29 October 2025.
The word 'services" has been removed from the Decision title to match the name contained in the Agreement Title Clause.
s.185 - Enterprise agreement
KEC Power Pty Ltd Trading AS Genus Industrial Services
KEC POWER PTY LTD ALKIMOS SEA-WATER DESALINATION PLANT ONSHORE PROJECT UNION GREENFIELDS AGREEMENT 2025
Application for approval of the KEC Power Pty Ltd Alkimos Sea-Water Desalination Plant Onshore Project Union Greenfields Agreement 2025
[1] An application has been made for approval of a greenfields agreement known as the KEC Power Pty Ltd Alkimos Sea-Water Desalination Plant Onshore Project Union Greenfields Agreement 2025 (the Agreement). The application was made by KEC Power Pty Ltd Trading AS Genus Industrial Services pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act).
[2] This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval have been met.
[3] In accordance with s 187(5)(a) of the Act, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the CEPU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.
[4] Pursuant to s 53(2)(b) of the Act, I note the Agreement was made with the organisation and that the Agreement covers it.
[5] Pursuant to s 201(2A) of the Act I note the Agreement covers the CEPU.
[6] I note that the following clauses in the Agreement appear to be inconsistent with the National Employment Standards (the NES):
Compassionate leave - Clause 45 of the Agreement provides for compassionate leave where a member of an employee's immediate family our household contracts/develops a personal illness/injury or dies. However, it does not provide for compassionate leave in the case of the stillbirth of a child or miscarriage per s 104 of the Act.
Abandonment of employment - Clause 37.1 of the Agreement states that termination of employment by abandonment will operate as from the three consecutive days of unauthorised absence from work without explanation. It is unclear whether employees receive notice of termination as required by s117 of the Act.
[7] However, I am satisfied that under clause 4.3 of the Agreement, the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
[8] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 5 November 2025. The nominal expiry date of the Agreement is 29 October 2029.
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