KELLIGAN AUSTRALIA PTY. LTD. T/AS SUNEX COMMERCIAL AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CLADDING & FACADE ENTERPRISE AGREEMENT 2024 - 2027

Application for approval of the Kelligan Australia Pty. Ltd. t/as Sunex Commercial and the CFMEU (Victorian Construction and General Division) Subcontractors Cladding & Facade Enterprise Agreement 2024 - 2027

[1] An application has been made for approval of an enterprise agreement known as the Kelligan Australia Pty. Ltd. t/as Sunex Commercial and the CFMEU (Victorian Construction and General Division) Subcontractors Cladding & Facade Enterprise Agreement 2024 - 2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Kelligan (Australia) Pty Ltd Trading As Sunex Commercial. The Agreement is a single enterprise agreement.

[2] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 11 November 2025 and the Agreement was made on 4 December 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Applicant has raised that clause 1.1 of the Agreement in relation to the employer's name contains an error and instead should be read as 'Kelligan Australia Pty. Ltd. t/as Sunex Commercial and the CFMEU (Victorian Construction and General Division) Subcontractors Cladding & Facade Enterprise Agreement 2024 - 2027'. I am satisfied that the error is an obvious error, defect or irregularity and I will amend the Agreement accordingly pursuant to s. 218A of the Act. I will vary the Agreement pursuant to s 218A by amending the word 'Sunnex' to 'Sunex' in clause 1.1.

[5] The Construction, Forestry and Maritime Employees Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 February 2026. The nominal expiry date of the Agreement is 2 July 2027.

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