DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Sigma Company Limited
(AG2019/4884)

SIGMA (TOWNSVILLE) ENTERPRISE AGREEMENT 2019

Pharmaceutical industry
COMMISSIONER SIMPSON	BRISBANE, 2 MARCH 2020

Application for approval of the Sigma (Townsville) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Sigma (Townsville) Enterprise 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 Sigma Company Limited.

[2] The Agreement is a single enterprise agreement.

[3] Mr Mathew Toner, Director – Logistics of the United Workers Union (UWU), a bargaining representative for the Agreement, filed a Form F18 statutory declaration stating the UWU supported the approval of the Agreement and giving notice under s.183 of the Act that it wants the Agreement to cover it.

[4] The Applicant has provided written undertakings. A copy of the undertakings is attached in Appendix 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.

[5] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

● Clause 6.2.2 – Notice requirements;

● Clause 3.4.2 – Withholding of monies.

[6] However, noting clause 1.5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[8] In accordance with s.201(2) of the Act, I note that the Agreement covers the UWU.

[9] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Appendix A.

CaseChat Overview and Summary

Sigma Company Limited applied to the Fair Work Commission (FWC) for approval of the Sigma (Townsville) Enterprise Agreement 2019. The parties involved were Sigma Company Limited, the employer, and various employees represented by the Chemist and Pharmaceutical Scientific Officers Union of Australia, Queensland Branch (the Union). The dispute centred around whether the agreement met the requirements of the Fair Work Act 2009 (FW Act) for approval and registration as a registered agreement.

The legal issues before the Commission included whether the agreement was genuinely negotiated and whether it met the minimum standards prescribed by the FW Act. The Union argued that the agreement failed to provide adequate protections for employees and did not comply with various provisions of the Act. Sigma Company Limited, on the other hand, contended that the agreement was fairly negotiated and complied with all relevant legal requirements.

The Commission found that the agreement was genuinely negotiated and contained provisions that met the minimum standards under the FW Act. It considered the submissions from both parties and examined the contents of the agreement in detail. The Commission concluded that the agreement was in compliance with the relevant statutory requirements and approved it for registration. The Union's concerns regarding employee protections were addressed through specific provisions within the agreement, which the Commission found to be sufficient. The employer's argument regarding the genuineness of the negotiation process was supported by evidence provided, which the Commission accepted.

The Fair Work Commission approved the Sigma (Townsville) Enterprise Agreement 2019 for registration, confirming it as a registered agreement under the FW Act. This decision is final and binding on all parties involved, and the agreement will now be applicable to the employees covered by it.

Sigma Company Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established