HIGGINS COATINGS PTY LTD (SOUTH AUSTRALIAN) REPAINT AGREEMENT 2025-2029

Application for approval of the HIGGINS COATINGS PTY LTD (SOUTH AUSTRALIAN) REPAINT AGREEMENT 2025-2029

[1] An application has been made for approval of an enterprise agreement known as the HIGGINS COATINGS PTY LTD (SOUTH AUSTRALIAN) REPAINT AGREEMENT 2025-2029 (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 Applicant). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings, a copy of which 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 requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[4] Pursuant to sections 193A(6) and (6A) of the Act, I have had regard to the submissions of the Employer regarding the ordinary span of hours for apprentices, which may cause them to be better off under the Award. I accept the submissions of the Employer confirming the ordinary span of hours for apprentices. For completeness, I note the terms of section 227A of the Act that allows the Commission, in certain circumstances, to reconsider whether the Agreement passes the better off overall test if there are changes to the patterns of work at a later time.

[5] I note that the following clauses in the Agreement appear to be inconsistent with the National Employment Standards (the NES):

• Substitution of Public Holiday (Clause 10.7): Clause 10.7 of the Agreement provides 'it will be available for the Company and majority of the affected employees to substitute the nominated public holiday for another day and prescriptions of this clause will apply to the substituted day.' This appears to be inconsistent with s.115(3) of the Act, which provides that the substitution of a public holiday with another day may only occur by agreement between the employer and an individual employee, rather than a majority of employees.

• Family and Domestic Violence Leave (Clause 10.5): Family and Domestic Violence Leave under Clause 10.5 of the Agreement provides 5 days of unpaid leave unlike the 10 days of paid leave available under s.106A(1) of the Act.

[6] Noting Clause 5 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

[7] The Agreement is approved and will operate in accordance with s.54 of the Act from 13 March 2026. The nominal expiry date of the Agreement is 6 March 2030.

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