Higgins Coatings Pty Ltd

[2021] FWCA 2643

[2021] FWCA 2643

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Higgins Coatings Pty Ltd
(AG2021/4733)

HIGGINS COATINGS PTY LTD (VICTORIAN) REPAINT AGREEMENT 2021-2024

Building, metal and civil construction industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 11 MAY 2021

Application for approval of the Higgins Coatings Pty Ltd (Victorian) Repaint Agreement 2021-2024.

[1] Higgins Coatings Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Higgins Coatings Pty Ltd (Victorian) Repaint Agreement 2021-2024 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Form F16 nominated Robert Ingram as an employee bargaining representative for the Agreement. Robert Ingram has lodged a Form F18A statutory declaration in support of the approval of the Agreement.

[3] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration and the additional information provided by the Employer, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[5] The Agreement was approved on 11 May 2021 and, in accordance with s 54, will operate from 18 May 2021. The nominal expiry date of the Agreement is 1 October 2024.

DEPUTY PRESIDENT

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Annexure A