Application by Higgins Coatings Pty Ltd Trading AS Higgins Coatings
Citation: [2026] FWCA 1882
What happened
Higgins Coatings Pty Ltd applied to the Fair Work Commission for approval of the Higgins Coatings Pty Ltd Western Australian Repaint Agreement 2026 to 2030. The agreement covers a single enterprise and applies to employees in the building, metal and civil construction industries. The company provided written undertakings as part of the application.
What was decided
The Fair Work Commission approved the Higgins Coatings Pty Ltd Western Australian Repaint Agreement 2026 to 2030. the Commissioner noted some clauses appeared inconsistent with the National Employment Standards (NES), but stated that the more beneficial entitlements of the NES would prevail where there was an inconsistency. The agreement will operate from July 24, 2026 and expire on July 17, 2030.
What it means for employers
Employers should ensure enterprise agreements are consistent with the National Employment Standards or provide for the more beneficial entitlements to apply. Careful review of clauses relating to family responsibilities and leave is important.
What it means for employees
Employees covered by this agreement should be aware that where there's a conflict between the agreement and the National Employment Standards, the NES provisions will take precedence. This means they are entitled to at least the minimum protections outlined in the NES.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections