DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Higgins Coatings Pty Ltd
(AG2016/3255)

HIGGINS COATINGS PTY LTD SOUTH AUSTRALIAN REPAINT AGREEMENT 2016 - 2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 22 JUNE 2016

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

[1] An application has been made for approval of an enterprise agreement known as the Higgins Coatings Pty Ltd South 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. 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. 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.

[4] The Agreement was approved on 22 June 2016 and, in accordance with s.54, will operate from 29 June 2016. The nominal expiry date of the Agreement is 22 June 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 of Australia for approval of the Higgins Coatings Pty Ltd South Australian Repaint Agreement 2016 - 2019. The respondents to the application were the Australian Building and Construction Commission and the Electrical Trades Union of Australia. The dispute centred around whether the repaint agreement was in accordance with the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009.

The primary legal issue was whether the agreement satisfied the requirements of the Fair Work Act, including whether it was a genuinely agreed-upon enterprise agreement, whether it complied with procedural requirements, and whether it was in the best interests of the employees. The court also needed to determine if the agreement was appropriately drafted and whether it contained the necessary minimum terms and conditions for a valid enterprise agreement.

The court found that the agreement was genuinely agreed upon by the parties, it complied with procedural requirements, and it was in the best interests of the employees. The court was satisfied that the agreement was appropriately drafted and it contained all the necessary minimum terms and conditions for a valid enterprise agreement. Consequently, the court approved the Higgins Coatings Pty Ltd South Australian Repaint Agreement 2016 - 2019.

The court ordered that the agreement be approved and registered under the Fair Work Act, ensuring that it would be in effect for the period of 2016 to 2019. This decision provided clarity and certainty for the parties involved and upheld the principles of fair work legislation.

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