Application for variation of the KONE Elevators Canberra & South-West Regions Enterprise Agreement 2025 - Agreement varied - s.218A

[1] An application has been made by Kone Elevators Pty Ltd Trading AS Kone (Applicant) pursuant to s.218A of the Fair Work Act 2009 (Cth) (Act) to vary the KONE Elevators Canberra & South-West Regions Enterprise Agreement 2025 (Agreement) to correct or amend an error, defect or irregularity.

[2] The Agreement was approved by the Fair Work Commission (Commission) on 7 October 2025 and commenced operation on 14 October 2025. The Applicant is the employer covered by the Agreement. The Agreement is a single enterprise agreement made between the Applicant and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU).

[3] Clause 53 of the Agreement lodged with and published by the Commission on 7 October 2025 states:

KONE will contribute to a compliant superannuation fund of the Employee's own choice as detailed in the KONE superannuation plan. The said contributions, set out below, of base salary will as a minimum satisfy all legislation including the government "superannuation guarantee charge". The superannuation contributions will be:

• 14.00% will apply from the first full pay period commencing on or after 1 July 2026.

• 14.5% will apply from the first full pay period commencing on or after 1 July 2026.

• 15% will apply from the first full pay period commencing on or after 1 June 2028."

[4] The Applicant seeks to have the Agreement varied to correct an obvious error such that the Agreement includes the following under clause 53:

KONE will contribute to a compliant superannuation fund of the Employee's own choice as detailed in the KONE superannuation plan. The said contributions, set out below, of base salary will as a minimum satisfy all legislation including the government "superannuation guarantee charge". The superannuation contributions will be:

• 14.00% will apply from the first full pay period commencing on or after 1 July 2026.

• 14.5% will apply from the first full pay period commencing on or after 1 July 2027.

• 15% will apply from the first full pay period commencing on or after 1 June 2028."

[5] Section 218A(1) provides that the Commission may vary an enterprise agreement to correct or amend an obvious error, defect or irregularity (whether in substance or form). It is intended to simplify the process for correcting obvious errors, defects or irregularities in enterprise agreements.[1] The views of those covered by the Agreement, including employees and the CEPU, were sought and no party objected to the variation sought by the Applicant. It is clear from the explanatory material provided to employees and filed with the Commission that the second reference to 2026 in clause 53 was intended as a reference to 2027. The second reference to 2026 in clause 53 above is an obvious error. Having found that there is an obvious error in the Agreement I have decided to exercise my discretion to amend it to give effect to the substantive agreement made between the parties.

[6] Pursuant to section 218A of the Act, I vary the Agreement to correct this obvious error such that the Agreement now includes the corrected clause 53 as set out above, with the second reference to '2026' in that clause replaced with '2027'.

[7] The variation operates from 14 October 2025 being the date the Agreement commenced operation.

[1] Explanatory Memorandum to the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill 2022 at [772].

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