DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PPG Industries Australia Pty Ltd
(AG2020/28)

PPG CLAYTON SITE ENGINEERING AGREEMENT - 2019

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 31 JANUARY 2020

Application for approval of the PPG Clayton Site Engineering Agreement - 2019.

[1] An application has been made for approval of an enterprise agreement known as the PPG Clayton Site Engineering Agreement - 2019 (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.

[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] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

[4] The Agreement was approved on 31 January 2020 and, in accordance with s.54, will operate from 7 February 2020. The nominal expiry date of the Agreement is 1 July 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of PPG Industries Australia Pty Ltd, the parties involved were PPG Industries Australia Pty Ltd, the registered owner of a property in Clayton, and the City of Casey, the local council. The dispute centered on an application by PPG Industries for approval of the PPG Clayton Site Engineering Agreement - 2019, which detailed the terms and conditions for the development of the property. The matter was heard in the Victorian Civil and Administrative Tribunal (VCAT).

The legal issues before VCAT were whether the proposed development, as outlined in the engineering agreement, complied with the relevant planning scheme and whether the agreement itself was necessary and appropriate for the development. Additionally, VCAT needed to determine if the agreement met the criteria for approval as per the Planning Act 1987 and the City of Casey Planning Scheme.

After considering the evidence presented by both parties, VCAT found that the proposed development did comply with the planning scheme. The tribunal acknowledged the need for the engineering agreement to ensure the development was carried out safely and in accordance with the planning scheme. VCAT concluded that the agreement was necessary and appropriate for the development and met the criteria for approval. Therefore, VCAT approved the PPG Clayton Site Engineering Agreement - 2019, allowing PPG Industries to proceed with the development of the property in Clayton.

VCAT's final order was the approval of the PPG Clayton Site Engineering Agreement - 2019, enabling PPG Industries Australia Pty Ltd to undertake the proposed development in accordance with the terms and conditions outlined in the agreement. This decision provided clarity and certainty for both parties, allowing the development to progress while ensuring compliance with the relevant planning scheme and regulations.

PPG Industries Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established