Sigma Company Limited

[2020] FWCA 1083

[2020] FWCA 1083

FAIR WORK COMMISSION

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

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Appendix A.