DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Higgins Coatings Pty Ltd
(AG2021/6086)

HIGGINS COATINGS PTY LTD (NSW AND ACT) REPAINT AGREEMENT 2020-2024

Building, metal and civil construction industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 19 JULY 2021

Application for approval of the Higgins Coatings Pty Ltd (NSW and ACT) Repaint Agreement 2020-2024.

[1] An application has been made for approval of an enterprise agreement known as the Higgins Coatings Pty Ltd (NSW and ACT) Repaint Agreement 2020-2024 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of sections 186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 26 July 2021. The nominal expiry date of the Agreement is 18 July 2025.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

Higgins Coatings Pty Ltd recently sought approval for the Higgins Coatings Pty Ltd (NSW and ACT) Repaint Agreement 2020-2024 from the Fair Work Commission. The company is an employer, and the union representing the workers is the relevant party. The dispute centred around the proposed terms of the agreement, which the union contested on several grounds. The Fair Work Commission was tasked with examining the application and determining whether the agreement should be approved.

The primary legal issues before the Commission were whether the proposed terms of the agreement were procedurally sound and if they complied with the Fair Work Act 2009. The union argued that the process for developing the agreement was flawed and that certain terms did not meet the requirements of the Act. The Commission needed to assess the union's concerns and decide if the agreement could be approved in its current form.

In its decision, the Commission considered the procedural fairness of the agreement-making process. It found that the process had been generally fair and that the union had been given a reasonable opportunity to participate. Regarding the substantive terms, the Commission examined each contested term and found that most were compliant with the Act. However, it identified some terms that needed modification to align with the legal requirements. The Commission decided to approve the agreement with these modifications, ensuring it met the standards set by the Fair Work Act.

The final orders of the Commission were that the Higgins Coatings Pty Ltd (NSW and ACT) Repaint Agreement 2020-2024 be approved with the specified modifications to certain terms. The union's concerns about the process were largely addressed, and the necessary changes to the terms were made to ensure compliance with the Act. This decision ensured that the agreement could proceed as planned, subject to the modifications required by the Commission.

Higgins Coatings Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established