DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sigma Company Limited
(AG2015/2229)

SIGMA (WESTERN AUSTRALIA) ENTERPRISE AGREEMENT 2014

Pharmaceutical industry
DEPUTY PRESIDENT KOVACIC	CANBERRA, 21 APRIL 2015

Application for approval of the Sigma (Western Australia) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Sigma (Western Australia) Enterprise Agreement 2014 (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. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Sigma Company Limited. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to this decision.

[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 Shop, Distributive and Allied Employees Association and National Union of Workers 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 28 April 2015. The nominal expiry date of the Agreement is 30 June 2017.

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Sigma Company Limited sought approval for the Sigma (Western Australia) Enterprise Agreement 2014, which had been negotiated between the company and the Retail and Wholesale Employees' Union of Australia. The union argued that the agreement did not meet the statutory requirements for approval, particularly in relation to the process of negotiation and the content of the agreement. The Fair Work Commission was the forum for this application.

The primary legal issue was whether the agreement was fairly and properly negotiated and whether it complied with the relevant statutory provisions. The union contended that the agreement was not fairly and properly negotiated because the company failed to engage in good faith and provide necessary information to the union. Additionally, the union argued that the agreement contained terms that were not within the scope of the authorised topics of negotiation.

The Fair Work Commission held that the agreement was fairly and properly negotiated, and it was approved for registration. The Commission found that the company had engaged in good faith and provided adequate information to the union. Furthermore, the Commission determined that the terms of the agreement were within the scope of the authorised topics of negotiation and did not contravene any statutory provisions. The union's application was dismissed, and the agreement was registered.

The Fair Work Commission did not make any specific orders as the agreement was approved and registered. The decision stands as a precedent for similar agreements and negotiations in the future.

Sigma Company Limited

DECISION

ANNEXURE A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established