Application for approval of the Kelly Electrical Pty Ltd and ETU Electrical Contracting Enterprise Agreement 2025-2029

[1] Kelly Electrical Pty Ltd has made an application for approval of an enterprise agreement known as the Kelly Electrical Pty Ltd and ETU Electrical Contracting Enterprise Agreement 2025-2029 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The National Electrical and Communications Association (NECA) has made an application on behalf of the employer under s 218A to vary the Agreement in order to correct what are said to be four obvious errors. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) supports the application and agrees that the Agreement contains the four errors identified in the application and that they should be corrected in the manner proposed. The following corrections are sought. First, Part A Appendix A clause 2.1(b), and Part B Appendix A clause 2.2 would be varied to remove from the tables the amount '$56.51' and insert in its place the amount '$41.95', thereby correcting the hourly rate of pay for a fourth-year adult apprentice who is not paid the TAFE allowance from 1 October 2025. Secondly, Part A clause 10.7(a)(ii) would be varied to remove the words 'at the rate of time and a half for the first two hours and double time thereafter' and to replace them with the words 'at the rate of double time'. Thirdly, Part A clause 33.3(e) would be varied so that the number '2' is moved below the line that appears in the formula, such that it is a divisor in respect of 'EW8 weekly all purpose rate + EW9 weekly all purpose rate'. Fourthly, Part A clause 34.1(a) would be varied to replace 'clause 32' with 'clause 33'.

[3] In light of the explanations in the s 218A application (form F1), I accept that the Agreement contains obvious errors and that it is appropriate to correct them in the manner proposed. The copy of the Agreement published with this decision reflects the four variations referred to above. The variation will operate from the date of this decision.

[4] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[5] The CEPU, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2), I note that the Agreement covers the CEPU.

[6] The Agreement was approved on 12 November 2025.

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