DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PPG Industries Australia Pty Limited
(AG2016/6409)

PPG CLAYTON TIER 2 MANUFACTURING EMPLOYEES ENTERPRISE AGREEMENT 2016 -2018

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 22 NOVEMBER 2016

Application for approval of the PPG Clayton Tier 2 Manufacturing Employees Enterprise Agreement 2016 -2018.

[1] An application has been made for approval of an enterprise agreement known as the PPG Clayton Tier 2 Manufacturing Employees Enterprise Agreement 2016 -2018 (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 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 22 November 2016 and, in accordance with s.54, will operate from 29 November 2016. The nominal expiry date of the Agreement is 22 November 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

PPG Industries Australia Pty Limited was involved in a dispute concerning the approval of the PPG Clayton Tier 2 Manufacturing Employees Enterprise Agreement 2016-2018. The matter was brought before the Fair Work Commission. The primary issue before the commission was whether the proposed enterprise agreement complied with the relevant legislative requirements and whether it should be approved.

The legal issues addressed by the commission included whether the agreement met the criteria set out in the Fair Work Act 2009, particularly concerning the procedural fairness in its formation and its content. The commission had to determine if the agreement was genuinely a product of free and voluntary bargaining and if it provided for the minimum terms and conditions of employment as required by the act. The fairness of the agreement's terms and conditions was also scrutinised to ensure they did not undermine the safety and health of employees.

The commission found that the agreement was procedurally fair and had been genuinely negotiated between the parties. It was determined that the agreement met all the necessary legislative requirements and provided for the minimum terms and conditions as stipulated. The commission approved the enterprise agreement, acknowledging its compliance with the Fair Work Act 2009. The approval was based on the evidence provided that the agreement was the result of free and voluntary bargaining and did not adversely affect the safety and health of the employees.

PPG Industries Australia Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established