PPG Industries Australia Pty Ltd

[2022] FWCA 3534

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

PPG Industries Australia Pty Ltd

(AG2022/4005)

PPG Clayton Site Enterprise Agreement 2022 - 2025

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 11 OCTOBER 2022

Application for approval of the PPG Clayton Site Enterprise Agreement 2022 - 2025

An application has been made for approval of an enterprise agreement known as the PPG Clayton Site Enterprise Agreement 2022 - 2025 (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 Ltd. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings 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. The undertakings are taken to be a term of the agreement.

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.

The United Workers Union 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 October 2022. The nominal expiry date of the Agreement is 31 December 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, PPG Industries Australia Pty Ltd sought approval of the PPG Clayton Site Enterprise Agreement 2022 - 2025. The parties involved in the dispute were PPG Industries Australia Pty Ltd and the United Voice union. The primary issue before the commission was whether the enterprise agreement was in the best interests of the employees and complied with relevant legislative provisions.

The commission considered several factors, including the provisions of the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. The commission examined the agreement's provisions concerning wages, conditions, and dispute resolution mechanisms. The commission also took into account the views of the parties and the employees affected by the agreement.

After careful consideration of the evidence and arguments presented, the commission found that the agreement was in the best interests of the employees and complied with the relevant legislative provisions. The commission noted that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for wage increases, leave entitlements, and dispute resolution mechanisms. The commission also found that the agreement had been negotiated in good faith and that the employees had been given an opportunity to express their views on the agreement.

The Fair Work Commission approved the PPG Clayton Site Enterprise Agreement 2022 - 2025. The agreement will now apply to the employees of PPG Industries Australia Pty Ltd covered by the agreement, and will remain in effect until it is replaced by a new agreement or expires.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established