PPG Industries Australia Pty Limited

[2013] FWCA 9044

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

PPG Industries Australia Pty Limited
(AG2013/10062)

PPG INDUSTRIES AUSTRALIA PTY LTD GILLMAN MANUFACTURING EMPLOYEES ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 20 NOVEMBER 2013

Application for approval of the PPG Industries Australia Pty Ltd Gillman Manufacturing Employees Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the PPG Industries Australia Pty Ltd Gillman Manufacturing Employees Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by PPG Industries Australia Pty Limited. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] United Voice, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 November 2013. The nominal expiry date of the Agreement is 27 November 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by PPG Industries Australia Pty Limited for the approval of the PPG Industries Australia Pty Ltd Gillman Manufacturing Employees Enterprise Agreement 2013. The application was brought under the Fair Work Act 2009, specifically section 233, which mandates that certain agreements be approved by the Fair Work Commission before they can be registered. The dispute centred on whether the agreement met the legal requirements for registration, including the procedural fairness of its negotiation and the substantive terms and conditions it contained.

The legal issues that the Commission had to resolve included whether the agreement was made in accordance with the procedural requirements set out in the Fair Work Act, particularly whether there was genuine bargaining between the parties and whether the agreement was made free from any improper influence. Additionally, the Commission needed to determine if the substantive terms and conditions of the agreement complied with the Fair Work Act, including whether they met the safety net provisions and other relevant minimum standards.

In considering these issues, the Commission reviewed the evidence provided by the parties regarding the bargaining process and the terms of the agreement. The Commission found that the agreement was made following genuine and proper bargaining, and that it was not influenced by any improper conduct. The Commission also examined the substantive terms and conditions of the agreement, finding that they met the safety net provisions and other relevant minimum standards. Based on these findings, the Commission approved the agreement, allowing it to be registered and enforced as a legally binding enterprise agreement.

The final orders of the Commission included the approval of the PPG Industries Australia Pty Ltd Gillman Manufacturing Employees Enterprise Agreement 2013, with certain conditions attached to ensure compliance with the Fair Work Act. The parties were directed to take all necessary steps to register the agreement with the Fair Work Commission within the specified timeframe. Additionally, the Commission imposed a requirement for ongoing monitoring of the agreement's implementation to ensure continued compliance with the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established