Application by Kone Elevators Pty Ltd Trading AS KONE
Citation: [2026] FWCA 1857
What happened
Kone Elevators Pty Ltd and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (ETU) negotiated a new enterprise agreement, the KONE Construction & Service Employees Western Region Enterprise Agreement 2026. A typographical error appeared in clauses 51.2 and 53.1d regarding dates for pay increases. Kone sought to vary the agreement under section 218A of the Fair Work Act 2009 to correct these errors, aligning the dates with a document provided to employees explaining the agreement’s terms.
What was decided
The Fair Work Commission approved Kone's application to vary the enterprise agreement. The Deputy President found the errors were obvious and did not disadvantage employees. The variation corrects the incorrect dates for pay increases, ensuring they align with what was originally agreed during negotiations. The ETU consented to the amendment. The corrected version of the agreement is now in effect from 22 May 2026.
What it means for employers
Employers should carefully review enterprise agreements for typographical errors and inconsistencies before final approval. Maintaining clear documentation, like the 'Terms and effect' document Kone provided, can help clarify intended terms and facilitate corrections if needed. Section 218A provides a streamlined process to fix these issues.
What it means for employees
Employees should be aware that enterprise agreements can be amended to correct errors. In this case, the correction ensures pay increases are applied on the originally intended dates. The ETU’s consent highlights the importance of union involvement in ensuring agreement accuracy and fairness.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →