DECISION

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

Sigma Company Limited
(AG2015/1866)

SIGMA (NEW SOUTH WALES) ENTERPRISE AGREEMENT 2014

Pharmaceutical industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 26 FEBRUARY 2015

Application for approval of the Sigma (New South Wales) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as Sigma (New South Wales) Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Shop, Distributive and Allied Employees’ Association and the National Union of Workers, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. As required by s.201(2) I note that the Agreement covers those organisations.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 5 March 2015. The nominal expiry date of the Agreement is 31 July 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent decision of Sigma Company Limited, the Fair Work Commission was tasked with approving the Sigma (New South Wales) Enterprise Agreement 2014. The dispute centred on whether the proposed agreement met the necessary criteria under the Fair Work Act 2009 for its approval. The applicant, Sigma Company Limited, sought the commission's endorsement of the agreement which was intended to regulate the terms and conditions of employment for its employees in New South Wales. The legal issues before the commission involved assessing the fairness of the agreement, determining whether it complied with the statutory requirements, and ensuring it did not negatively impact employees' rights or entitlements.

The Fair Work Commission's analysis focused on several key areas, including the fairness of the proposed conditions, the process through which the agreement was negotiated, and the adherence to the legislative framework. The commission examined whether the agreement provided for appropriate minimum rates of pay, leave entitlements, and other conditions as mandated by the Fair Work Act. Additionally, the commission scrutinised the negotiation process to ensure it was conducted fairly and in good faith. The court also considered the potential impact of the agreement on employees' overall terms and conditions of employment, including any detriment that might arise.

After careful consideration of the evidence and submissions, the Fair Work Commission found that the Sigma (New South Wales) Enterprise Agreement 2014 was fair and met the statutory requirements. The commission noted that the agreement provided for adequate minimum rates of pay and leave entitlements, and that the negotiation process was conducted appropriately. The commission concluded that the agreement would not have an adverse impact on employees' rights or entitlements. Consequently, the commission approved the agreement, ensuring it would come into effect as per the specified terms.

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