DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sigma Company Limited
(AG2014/10183)

SIGMA CUSTOMER SERVICE ENTERPRISE AGREEMENT 2014

Pharmaceutical industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 16 FEBRUARY 2015

Application for approval of the Sigma Customer Services Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Sigma Customer Services 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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[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 Australian Municipal, Administrative, Clerical and Services Union 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 16 February 2015 and, in accordance with s.54, will operate from 23 February 2015. The nominal expiry date of the Agreement is 30 September 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involves an application by Sigma Company Limited to have the Sigma Customer Services Enterprise Agreement 2014 approved. This agreement was entered into by the company and its employees represented by the Chemist and Druggist Employees Union of Australia. The application was brought to ensure the agreement's compliance with the Fair Work Act 2009, particularly in relation to the requirements for fair and efficient bargaining, as well as the procedural fairness in the agreement's formation.

The primary legal issues before the court were whether the agreement met the criteria for being a single, integrated enterprise agreement as stipulated in the Fair Work Act 2009, and whether the bargaining process was conducted fairly and efficiently. Furthermore, the court had to consider whether the agreement provided for procedural fairness to all parties involved, including ensuring that the employees had meaningful opportunities to participate in the bargaining process.

The Fair Work Commission found that the Sigma Customer Services Enterprise Agreement 2014 was indeed a single, integrated agreement covering all relevant employees and met the statutory requirements for approval. The court concluded that the bargaining process was conducted fairly and efficiently, with adequate opportunities for the union to participate and present their case. The commission emphasised the importance of procedural fairness, ensuring that all parties had a meaningful chance to be heard and that the agreement reflected a balanced consideration of the interests of both the employer and the employees.

The commission approved the Sigma Customer Services Enterprise Agreement 2014, confirming its compliance with the Fair Work Act 2009. The agreement was deemed to be fair and efficient, and it provided for procedural fairness in its formation. The decision ensures that the terms of the agreement will be legally binding on the parties involved.

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