DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Higgins Coatings Pty Ltd
(AG2016/2320)

HIGGINS COATINGS PTY LTD REPAINT AGREEMENT 2016-2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 9 MARCH 2016

Application for approval of the Higgins Coatings Pty Ltd Repaint Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Higgins Coatings Pty Ltd Repaint Agreement 2016-2019 (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 Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 9 March 2016 and, in accordance with s.54, will operate from 16 March 2016. The nominal expiry date of the Agreement is 9 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Higgins Coatings Pty Ltd applied to the Fair Work Commission for the approval of the Higgins Coatings Pty Ltd Repaint Agreement 2016-2019. The agreement was registered by Higgins Coatings Pty Ltd with the Australian Industrial Relations Commission. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The nature of the dispute centred on whether the agreement was appropriate for approval under the Fair Work Act 2009.

The central legal issue was whether the agreement met the requirements for approval under section 234 of the Act. The court had to consider if the agreement was a single, integrated document, and if it contained the minimum terms and conditions mandated by the Act. Furthermore, the court needed to determine whether the agreement provided for fair and reasonable terms for the employees.

The court found that the agreement was a single, integrated document that contained all the required terms and conditions. The court concluded that the agreement was fair and reasonable for the employees, and did not disadvantage them. The court approved the agreement, noting that it provided for fair and reasonable terms and conditions for the employees. The court found that the agreement was appropriate for approval under the Act.

The Fair Work Commission approved the Higgins Coatings Pty Ltd Repaint Agreement 2016-2019. The court ordered that the agreement be registered with the Australian Industrial Relations Commission. The court also ordered that the agreement be published on the Commission's website. The court's decision was final and binding on all parties.

Higgins Coatings Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established