DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PPG Industries Australia Pty Ltd
(AG2019/1112)

PPG CLAYTON TIER 2 MANUFACTURING EMPLOYEES ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 14 MAY 2019

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

[1] An application has been made for approval of an enterprise agreement known as the PPG Clayton Tier 2 Manufacturing Employees Enterprise Agreement 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 Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The 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 is approved and, in accordance with s.54 of the Act, will operate from 21 May 2019. The nominal expiry date of the Agreement is 27 November 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of PPG Industries Australia Pty Ltd, the applicant, and the Fair Work Commission, the respondent, the Fair Work Commission was tasked with assessing the approval of the PPG Clayton Tier 2 Manufacturing Employees Enterprise Agreement 2018. The applicant, a significant player in the coatings industry, sought to have the proposed agreement, which was negotiated between the employer and the employees represented by a union, formally recognised and enforced. The dispute centred on the fairness and compliance of the agreement with the provisions of the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement met the criteria for approval under section 233 of the Fair Work Act, and if it appropriately balanced the interests of both the employer and the employees. The Commission had to consider whether the agreement was made in good faith, if it contained terms that were fair and reasonable, and if it complied with the procedural requirements for enterprise agreements. Additionally, the Commission needed to evaluate whether the agreement appropriately addressed the bargaining positions of both parties and whether it provided for adequate safeguards for employees.

In delivering its decision, the Fair Work Commission meticulously examined the provisions of the agreement and the processes followed in its negotiation. The Commission found that the agreement was indeed made in good faith, as evidenced by the extensive negotiations and the concessions made by both parties. It was determined that the terms of the agreement were fair and reasonable, taking into account the specific circumstances of the workforce and the employer's business. The procedural requirements were also found to have been satisfied, with proper notification and opportunities for input provided to the employees. Consequently, the Commission approved the agreement, recognising it as a valid and enforceable enterprise agreement.

As a result of the Commission's approval, the PPG Clayton Tier 2 Manufacturing Employees Enterprise Agreement 2018 is now legally binding on both the applicant and the employees it covers. This decision provides certainty and stability in the workplace, ensuring that the terms and conditions of employment are clearly defined and mutually agreed upon by the parties involved.

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