Sigma Company Limited

[2022] FWCA 3851

[2022] FWCA 3851

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Sigma Company Limited

(AG2022/4245)

Sigma (Tasmania) Enterprise Agreement 2022

Pharmaceutical industry
COMMISSIONER PLATT	ADELAIDE, 4 NOVEMBER 2022

Application for approval of the Sigma (Tasmania) Enterprise Agreement 2022

1. An application has been made for approval of an enterprise agreement known as the Sigma (Tasmania) Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Sigma Company Limited (the Applicant). The agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on 17 October 2022.

1. On 19 October 2022, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

1. The Applicant has submitted an undertaking in the required form dated 4 November 2022. The undertaking deals with the following topics:

·   The Applicant has inserted a National Employment Standards (NES) precedence clause.

·   The employer and an employee may agree to substitute another day, or another part day, for a day or part day that would otherwise be a public holiday under the NES.

·   The wage rates contained in Appendix 3 of the Agreement have been amended to ensure that the Agreement passes the better off overall test (BOOT). The amended wage rates are contained in the undertakings attached to the Agreement.

·   If on termination of an employee’s employment, time off for overtime worked by the employee to which clause 5.3.6 applies has not been taken, the employer must pay the employee for the overtime at the overtime rate applicable to the overtime when it was worked.

·   Employees who perform overtime on a Saturday will be paid at the rate of time and a half for the first hour hours and double time thereafter. The minimum time for paid work on a Saturday is three hours.

·   All overtime performed on Sundays will be paid at the rate of double time. The minimum time for paid work by warehouse employees on a Sunday is three hours, whilst for clerical employees it is four hours.

·   In respect of better off overall issued relating to employees who work Sundays or public holidays, or where a part time or casual employee works Saturdays, the Applicant has provided a system consistent with that in Shop, Distributive and Allied Association v Beechworth Bakery Employee Co Pty Ltd T/A Beechworth Bakery.[1]

·   Part time employees will not be required to work less than three hours or more than eight ordinary hours on any given day.

·   All hours worked by a part time employee beyond their regular and agreed number of ordinary hours shall be overtime, and paid at overtime rates.

·   Employees classified pursuant to Appendix 1 of the Agreement will not be engaged in ordinary hours outside the span of hours from 6am to 6pm.

·   Where overtime or weekend work is performed by casual employees, a casual loading of 22.5% is applied in addition to the rates outlined in clauses 5.3.2 and 5.3.7 of the Agreement.

1. A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

1. The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

1. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 1 September 2026.

COMMISSIONER

[1] [2017] FWCFB 1664

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