DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Higgins Coatings Pty Ltd
(AG2016/3257)

HIGGINS COATINGS PTY LTD NEW SOUTH WALES 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 New South Wales Repaint Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Higgins Coatings Pty Ltd New South Wales 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 sought approval for the Higgins Coatings Pty Ltd New South Wales Repaint Agreement 2016 - 2019. The agreement related to the repainting of the Sydney Harbour Bridge, a matter which involved multiple parties including the New South Wales Government and various unions. The court was asked to determine whether the agreement, which was an outcome of negotiations between Higgins Coatings and the unions, was appropriate and complied with relevant industrial legislation.

The legal issues before the court were whether the agreement adequately met the requirements of the Fair Work Act 2009 and whether it was fair and reasonable in terms of protecting the interests of both the company and its employees. The court needed to consider the balance of bargaining power, the fairness of the terms, and compliance with any relevant provisions of the Act.

The court found that the agreement was compliant with the Fair Work Act 2009 and that it was fair and reasonable. It took into account the complex nature of the work involved, the safety considerations, and the negotiations between the parties. The court was satisfied that the agreement provided for a fair and balanced outcome, protecting the interests of both the company and its employees. As a result, the court approved the agreement, allowing it to come into effect.

No further orders were made beyond the approval of the agreement.

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