Higgins Coatings Proprietary Limited

[2025] FWCA 2918

[2025] FWCA 2918

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Higgins Coatings Proprietary Limited

(AG2025/2771)

HIGGINS COATINGS PTY LTD (NSW AND ACT) REPAINT AGREEMENT 2025-2029

Building, metal and civil construction industries
COMMISSIONER CRAWFORD	SYDNEY, 29 AUGUST 2025

Application for approval of the Higgins Coatings Pty Ltd (NSW and ACT) Repaint Agreement 2025-2029

1. An application has been made for approval of an enterprise agreement known as the Higgins Coatings Pty Ltd (NSW and ACT) Repaint Agreement 2025-2029 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act) by Higgins Coatings Proprietary Limited (Applicant). The Agreement is a single enterprise agreement.

1. The Applicant has provided written undertakings. 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.

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

1. Noting clause 5 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 29 August 2029.

COMMISSIONER

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