DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PPG Industries Australia Pty Ltd
(AG2017/6524)

PPG ARCHITECTURAL COATINGS (VILLAWOOD) OPERATIONS 2017 AGREEMENT

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 26 MARCH 2018

Application for approval of the PPG Architectural Coatings (Villawood) Operations 2017 Agreement.

[1] An application has been made for approval of an enterprise agreement known as the PPG Architectural Coatings (Villawood) Operations 2017 Agreement (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 Applicant 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 Agreement contained a minor error in the clause numbering and referenced clauses throughout the agreement. Pursuant to section 586(a) of the Act, the error is corrected in the published Agreement.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and United Voice, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 April 2018. The nominal expiry date of the Agreement is 25 March 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

PPG Industries Australia Pty Ltd applied for the approval of the PPG Architectural Coatings (Villawood) Operations 2017 Agreement. The application was heard in the Fair Work Commission. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009, specifically focusing on the process by which the agreement was made and its compliance with the Act’s provisions. The key legal issues revolved around whether the agreement was genuinely made by the parties involved, and whether the agreement satisfied the criteria for approval as outlined in the Fair Work Act.

The Fair Work Commission examined the process by which the agreement was negotiated and executed. The Commission considered whether the agreement was made in good faith and whether the terms of the agreement were fair and reasonable. The Commission also assessed whether the agreement had been made without coercion and whether it provided for the resolution of any future disputes in an effective manner. The Commission found that the agreement was genuinely made by the parties involved and that it complied with the statutory requirements for approval. The Commission was satisfied that the agreement was made in good faith and that it was fair and reasonable.

In approving the agreement, the Fair Work Commission highlighted that the process by which the agreement was negotiated and executed met the standards set by the Fair Work Act. The Commission noted that the agreement provided for effective mechanisms for the resolution of future disputes and that it did not impose any unfair terms on the employees. The Commission concluded that the agreement was beneficial to both the employer and the employees and that it would promote harmonious workplace relations. The Commission approved the agreement, and it will now be binding on 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