Higgins Coatings Pty Ltd

[2024] FWCA 3695

[2024] FWCA 3695

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Higgins Coatings Pty Ltd

(AG2024/3335)

HIGGINS COATINGS PTY LTD QUEENSLAND REPAINT AGREEMENT 2024-2028

Building services
COMMISSIONER DURHAM	BRISBANE, 23 OCTOBER 2024

Application for approval of the Higgins Coatings Pty Ltd Queensland Repaint Agreement 2024-2028

1. An application has been made for approval of an enterprise agreement known as the Higgins Coatings Pty Ltd Queensland Repaint Agreement 2024-2028 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Higgins Coatings Pty Ltd (the 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. I note the undertakings were provided in relation to the following:

• Workplace delegates’ rights

• Shiftworker definition

• Award incorporation

• Casual conversion – clause 7.3

• Night work – clause 9.7

• Personal/carer’s leave (notification) – clause 10.2

• Family and domestic violence leave – clause 10.5

• Public holidays – clause 10.7

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 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. The Agreement does not contain a delegates’ rights term compliant with the Act. Pursuant to s.205A(2) of the Act, noting the undertaking provided, the workplace delegates’ rights term prescribed by the Building & Construction General Onsite Award 2020 is taken to be a term of the Agreement.

1. I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES): 

• Casual conversion – clause 7.3

• Personal/carer’s leave (notification) – clause 10.2

• Family and domestic violence leave – clause 10.5

• Public holidays – clause 10.7

1. However, noting clause 4 of the Agreement, and the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

1. On 15 October 2024, the Applicant filed an amended version of the agreement as the agreement lodged contained a typographical error at clauses 9.3 and 11. I am satisfied that the corrections should be made and that it is appropriate to do so pursuant to s.586 of the Act.

1. The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

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