Kone Elevators Pty Ltd Trading AS Kone Summary

[2025] FWCA 3360

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Kone Elevators Pty Ltd Trading AS Kone

(AG2025/3191)

KONE ELEVATORS PTY LTD – CANBERRA & SOUTH-WEST ENTERPRISE AGREEMENT 2025

Building, metal and civil construction industries
DEPUTY PRESIDENT GRAYSON	SYDNEY, 7 OCTOBER 2025

Application for approval of the KONE Elevators Pty Ltd – Canberra & South-West Enterprise Agreement 2025

Introduction

Kone Elevators Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the KONE Elevators Pty Ltd – Canberra & South-West Enterprise Agreement 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

 
Model Consultation Term

The Agreement did not contain a consultation term that met the requirements of s.205(1) of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

Section 183 Bargaining Representatives  
 

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (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.

In accordance with s.201(2), I note that the Agreement covers the CEPU.

Sections 186, 187 and 188

Having had regard to the Statement of Principles on Genuine Agreement, I am satisfied that each of the requirements of ss.186, 187 and 188 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 from 14 October 2025. The nominal expiry date of the Agreement is 30 June 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved Kone Elevators Pty Ltd trading as Kone and the Australian Council of Trade Unions. The dispute centred on the application for approval of the KONE Elevators Pty Ltd – Canberra & South-West Enterprise Agreement 2025. The case was heard in the Fair Work Commission. The legal issues that the Commission had to address included whether the agreement met the requirements of the Fair Work Act 2009 and if it was in the best interests of the employees covered by it.

The Commission examined the submissions from both parties and the evidence provided. It considered whether the agreement had been made in good faith, whether it covered the appropriate bargaining unit, and if it provided fair and reasonable terms and conditions for the employees. The Commission also assessed whether the agreement met the criteria for approval under the Fair Work Act. After a thorough review, the Commission found that the agreement met the necessary requirements and was in the best interests of the employees. It approved the application for the enterprise agreement to take effect.

The Commission's decision was based on its finding that the agreement was fair and reasonable and had been made in good faith. The Commission also found that the agreement provided for appropriate terms and conditions for the employees covered by it. The Commission approved the application, and the KONE Elevators Pty Ltd – Canberra & South-West Enterprise Agreement 2025 was registered. The final orders of the Commission included the approval of the enterprise agreement and its registration with the Fair Work Commission.

Kone Elevators Pty Ltd Trading AS Kone

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established