Kone Elevators Pty Ltd trading as Kone

[2025] FWCA 3381

[2025] FWCA 3381

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Kone Elevators Pty Ltd trading as Kone

(AG2025/3350)

KONE ELEVATORS PTY LTD - VICTORIA CONSTRUCTION & SERVICE EMPLOYEES ENTERPRISE AGREEMENT 2025

Building, metal and civil construction industries
COMMISSIONER YILMAZ	MELBOURNE, 8 OCTOBER 2025

Application for approval of the KONE Elevators Pty Ltd - Victoria Construction & Service Employees Enterprise Agreement 2025

1. An application has been made for approval of an enterprise agreement known as the KONE Elevators Pty Ltd - Victoria Construction & Service Employees Enterprise Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kone Elevators Pty Ltd trading as Kone. The Agreement is a single enterprise agreement.

1. I do observe that there were two notices of employee representational rights (NERRs) issued to employees, one to cover employees in construction, installation and/ or modernisation and the other to cover service work. During bargaining the parties agreed to combine the two areas covered by two different NERRs into one enterprise agreement, therefore there is a discrepancy in the titles of the NEERs with the title noted above. However, I am satisfied that this constitutes a minor procedural error, that the employees were not likely to be disadvantaged by the error, and the error may be disregarded pursuant to s.188(5) of the Act. 

1. I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, both being a bargaining representative for the Agreement, have each 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 organisations.

1. The Agreement is approved and in accordance with s.54, will operate from 15 October 2025. The nominal expiry date of the Agreement is 30 June 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE530706 PR792468>