DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Higgins Coatings Pty Ltd
(AG2016/5906)

HIGGINS COATINGS PTY LTD WESTERN AUSTRALIAN REPAINT AGREEMENT 2016-2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 19 OCTOBER 2016

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

[1] An application has been made for approval of an enterprise agreement known as the Higgins Coatings Pty Ltd Western Australian 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 T/As Higgins Coatings. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 October 2016. The nominal expiry date of the Agreement is 18 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Higgins Coatings Pty Ltd applied to the Federal Circuit and Family Court for approval of the Higgins Coatings Pty Ltd Western Australian Repaint Agreement 2016-2019. The application was made under the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) who argued the agreement would result in a worse-off workforce. The court was required to determine whether the agreement was appropriate for approval and whether it contained the minimum terms and conditions required by the Act.

The court found that the agreement contained the minimum terms and conditions required by the Act. The court considered the evidence provided by both parties and concluded that the agreement was appropriate for approval. The court found that the agreement provided for fair and reasonable terms and conditions of employment and that it did not result in a worse-off workforce. The court also found that the agreement was in the best interests of the employees and the employers.

The court approved the Higgins Coatings Pty Ltd Western Australian Repaint Agreement 2016-2019. The court found that the agreement provided for fair and reasonable terms and conditions of employment and that it was appropriate for approval. The court found that the agreement did not result in a worse-off workforce and was in the best interests of the employees and the employers. The court also found that the agreement contained the minimum terms and conditions required by the Act.

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