austlii:cth/FWCA/2025/4109
General information, not legal advice.
FWCA
2025-12-04
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
HIGGINS COATINGS PTY LTD (VICTORIAN) REPAINT AGREEMENT 2025 TO 2029
Application for approval of the Higgins Coatings Pty Ltd (Victorian) Repaint Agreement 2025 to 2029
[1] An application has been made for the approval of an enterprise agreement known as the Higgins Coatings Pty Ltd (Victorian) Repaint Agreement 2025 to 2029. The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Higgins Coatings Pty Ltd (Employer). The Agreement is a single enterprise agreement.
[2] The Form F16 filed by the Employer did not include the Employer's trading name or their ABN. Further, the Form F17B did not provide information in regard to the notification date or when the Notice of Employee Representational Rights was issued to the employees. I allowed the Employer to file an amended Form F16 and F17B with the required information.
[3] The Applicant provided written undertakings to address certain Better Off Overall Test issues. A copy of the undertakings is attached in Appendix D of the Agreement. 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. The undertakings are taken to be a term of the Agreement.
[4] 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.
[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 December 2025. The nominal expiry date of the Agreement is 4 December 2029.
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