DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PPG Industries Australia Pty Ltd
(AG2017/2226)

PPG CLAYTON SITE ENTERPRISE AGREEMENT 2017 - 2020

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 27 JULY 2017

Application for approval of the PPG Clayton Site Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the PPG Clayton Site Enterprise Agreement 2017 – 2020 (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.

[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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 August 2017. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, PPG Industries Australia Pty Ltd sought approval of the PPG Clayton Site Enterprise Agreement 2017-2020. The applicant sought to replace an existing enterprise agreement and sought approval of the proposed agreement under section 234 of the Fair Work Act 2009. The applicant argued that the agreement contained terms that were fair and reasonable. The Australian Manufacturing Workers' Union opposed the application, contending that the proposed agreement contained terms that were unfair and unreasonable. The dispute centred around the terms of the proposed agreement, specifically relating to employee leave entitlements and the classification of certain employees.

The Commission had to decide whether the proposed agreement contained terms that were fair and reasonable. This involved assessing the terms of the agreement against the criteria set out in section 232 of the Fair Work Act. The Commission also had to consider the arguments put forward by both parties and the relevant legislative and case law. The Commission had to determine whether the proposed agreement was in the interests of the employees and whether it provided for a fair and reasonable resolution of the dispute.

After considering the evidence and submissions from both parties, the Commission found that the proposed agreement contained terms that were fair and reasonable. The Commission found that the proposed agreement provided for a fair and reasonable resolution of the dispute and was in the interests of the employees. The Commission also found that the proposed agreement provided for appropriate employee leave entitlements and the classification of certain employees. The Commission approved the proposed agreement under section 234 of the Fair Work Act.

The Fair Work Commission approved the PPG Clayton Site Enterprise Agreement 2017-2020. The approval was effective from 1 July 2017 and was to remain in force until 30 June 2020. The Commission's decision was based on its finding that the proposed agreement contained terms that were fair and reasonable and provided for a fair and reasonable resolution of the dispute. The approval of the agreement provided certainty and stability to the parties and the employees covered by the agreement.

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