Higgins Coatings Proprietary Limited

[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

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.

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.

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.

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.

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Higgins Coatings Proprietary Limited, the court considered an application for the approval of a repaint agreement spanning the years 2025 to 2029. The application was brought by the company to seek formal endorsement of the proposed agreement, which outlines the terms and conditions for repainting services. The court's role was to review the terms of the agreement, assess its compliance with relevant laws, and determine whether the agreement serves the best interests of the company and its stakeholders.

The primary legal issues the court needed to address were whether the terms of the repaint agreement were fair, reasonable, and in the best interest of the company. The court also had to consider whether the agreement complied with any relevant statutory requirements or industry standards. Furthermore, the court evaluated if the agreement adequately protected the company's interests and if there was any potential for conflicts of interest.

In reaching its decision, the court meticulously reviewed the terms of the proposed repaint agreement, considering various factors such as pricing, service quality, and the duration of the agreement. The court also examined the benefits and drawbacks of approving the agreement for the company. Ultimately, the court determined that the agreement was fair and reasonable, compliant with relevant laws, and in the best interest of the company. The court found that the terms were balanced and that the company had adequately negotiated to protect its interests. Consequently, the court approved the repaint agreement for the period 2025 to 2029.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established