KOUNIS GROUP ENTERPRISE BARGAINING AGREEMENT 2025

Application for approval of the Kounis Group Enterprise Bargaining Agreement 2025

[1] Kounis Metal Industries Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the Kounis Group Enterprise Bargaining Agreement 2025 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s 586(b) of the Act.

[3] The Notice of Employee Representational Rights (the NERR) that distributed to the employees incorrectly indicated that the Agreement was a multi-enterprise agreement. However, pursuant to s 188(5) of the Act, I am satisfied that the Agreement would have been genuinely agreed to but for the minor technical errors made in relation to the requirements set out in ss 173(3) and 174(1A) of the Act. I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed to within the meaning of s 188(5) of the Act.

[4] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[5] In compliance with s 190(4) of the Act, the bargaining representatives' views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[6] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

[7] The Agreement was approved on 5 January 2026 and, in accordance with s 54, will operate from 12 January 2026. The nominal expiry date of the Agreement is 31 December 2029.

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