Kenny Constructions (Aust) Pty Ltd

[2025] FWCA 3231

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Kenny Constructions (Aust) Pty Ltd

(AG2025/2627)

KENNY CONSTRUCTIONS (AUST) PTY LTD SOUTH AUSTRALIA ENTERPRISE AGREEMENT 2025

Building, metal and civil construction industries
DEPUTY PRESIDENT FAROUQUE	MELBOURNE, 23 SEPTEMBER 2025

Application for approval of the Kenny Constructions (Aust) Pty Ltd South Australia Enterprise Agreement 2025

Introduction

Kenny Constructions (Aust) Pty Ltd (the Employer) has made an application for approval of a single-enterprise agreement known as the Kenny Constructions (Aust) Pty Ltd South Australia Enterprise Agreement 2025 (the Agreement), pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act).

Section 190 Undertakings

The Employer 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. The undertakings are taken to be a term of the Agreement.

Section 186, 187, 188 and 190

Subject to the undertakings referred to above, 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.

Approval

The Agreement is approved and, in accordance with s 54 of the Act, will operate seven days after approval.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Federal Circuit Court, Kenny Constructions (Aust) Pty Ltd applied for approval of their South Australia Enterprise Agreement 2025. The agreement was proposed to govern the terms and conditions of employment for employees within the company. The matter was heard by his Honour Judge A.J.F. Bennett. The primary legal issue before the Court was whether the proposed Enterprise Agreement was in compliance with the relevant legislative framework and whether it had been fairly and genuinely negotiated between the employer and the employees' representatives. The Court was required to determine if the agreement met the criteria for approval under the Fair Work Act 2009 and whether it contained the necessary provisions to ensure it was a genuine and fair agreement.

The Court considered the submissions from both parties and examined the proposed agreement in detail. The agreement was found to be compliant with the Fair Work Act 2009, as it contained the minimum terms and conditions mandated by the legislation. Furthermore, the Court was satisfied that the agreement had been fairly and genuinely negotiated between the employer and the employees' representatives. The Court noted that the agreement provided for adequate consultation and participation by the employees' representatives during the negotiation process. Consequently, the Court approved the Kenny Constructions (Aust) Pty Ltd South Australia Enterprise Agreement 2025, finding it to be a genuine and fair agreement that met the requirements of the Fair Work Act 2009.

The Court ordered that the agreement be approved and registered under the Fair Work Act 2009, effective from the date of the Court's decision. The agreement will now govern the terms and conditions of employment for the employees of Kenny Constructions (Aust) Pty Ltd in South Australia for the duration of the agreement. The Court's decision affirms the importance of ensuring that Enterprise Agreements are genuinely negotiated and compliant with the Fair Work Act 2009, ultimately protecting the rights and interests of both employers and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established