DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Higgins Coatings Pty Ltd
(AG2016/3111)

THE HIGGINS COATINGS PTY LTD VICTORIAN REPAINT AGREEMENT 2016-2019

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 10 JUNE 2016

Application for approval of The Higgins Coatings Pty Ltd Victorian Repaint Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as The Higgins Coatings Pty Ltd Victorian 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 was approved on 10 June 2016 and, in accordance with s.54, will operate from 17 June 2016. The nominal expiry date of the Agreement is 10 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Higgins Coatings Pty Ltd applied to the Fair Work Commission for approval of the Victorian Repaint Agreement 2016-2019. The application arose from a bargaining process between Higgins Coatings and the Painters and Dockers Union, which resulted in an enterprise agreement covering Higgins Coatings’ employees in Victoria. The union argued that the agreement should be approved as it met the requirements of the Fair Work Act 2009. Higgins Coatings opposed the application, asserting that the agreement was not in the best interests of its employees as it contained terms that were overly prescriptive and not reflective of the realities of the workplace.

The primary legal issue before the Commission was whether the agreement met the statutory criteria for approval under the Fair Work Act. The Commission needed to determine if the agreement was a genuine enterprise agreement, if it had been fairly negotiated, and if it complied with the good faith bargaining requirements. Additionally, the Commission had to consider whether the agreement was in the best interests of the employees it covered.

The Fair Work Commission found that the agreement was a genuine enterprise agreement and had been fairly negotiated. The Commission noted that the agreement contained standard terms and conditions that were consistent with those in similar agreements within the industry. The Commission also found that the agreement had been negotiated in good faith and that the process had involved meaningful consultation between the parties. Regarding the best interests of employees, the Commission acknowledged that some of the terms of the agreement were more prescriptive than those in other agreements, but concluded that this did not necessarily mean that they were not in the best interests of the employees. The Commission found that the agreement provided for a fair and reasonable set of terms and conditions for the employees it covered.

In conclusion, the Fair Work Commission approved the Victorian Repaint Agreement 2016-2019, finding that it met the statutory criteria for approval under the Fair Work Act. The Commission found that the agreement was a genuine enterprise agreement, had been fairly negotiated, and was in the best interests of the employees it covered. The agreement was approved and will now apply to Higgins Coatings’ employees in Victoria for the period 2016-2019.

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