Sigma Company Limited Summary

[2014] FWCA 7058

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sigma Company Limited
(AG2014/1498)

SIGMA (TASMANIA) ENTERPRISE AGREEMENT 2014

Tasmania
COMMISSIONER LEE	MELBOURNE, 7 OCTOBER 2014

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

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

[2] The Applicant has provided a written undertaking. A copy of the undertaking given is attached to this decision at Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

[3] The undertaking now forms part of the Agreement and a copy will be kept on the file. A copy of the undertaking should be circulated to all employees and attached to all copies of the Agreement subsequently produced or used by the parties.

[4] Subject to the undertaking referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved, and, in accordance with s.54 of the Act, will operate from 14 October 2014. The nominal expiry date of the Agreement is 1 September 2018.

COMMISSIONER

Annexure A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Sigma Company Limited applied for the approval of the Sigma (Tasmania) Enterprise Agreement 2014. The applicant, Sigma Company Limited, sought to have the agreement recognised and enforced as a certified agreement under the Fair Work Act 2009. The application arose from negotiations between Sigma Company Limited and its employees, represented by the Health Services Union of Australia.

The primary legal issue before the Commission was whether the enterprise agreement met the criteria for approval under the Fair Work Act. This included assessing whether the agreement was made in good faith, if it contained the necessary provisions, and if it complied with the procedural requirements for certification. The Commission also had to consider whether the agreement provided for the resolution of any disputes that might arise from its interpretation or application.

After reviewing the submissions and evidence provided by both parties, the Commission determined that the Sigma (Tasmania) Enterprise Agreement 2014 was made in good faith and contained the necessary provisions. The Commission found that the agreement was consistent with the principles of the Fair Work Act, including the protection of employees' rights and interests. The procedural requirements for certification were also met, as the agreement was negotiated and agreed upon by the parties in accordance with the legislative framework. Consequently, the Commission approved the enterprise agreement, and it was registered as a certified agreement under the Fair Work Act.

As a result of the Commission's decision, the Sigma (Tasmania) Enterprise Agreement 2014 was approved and became a legally binding agreement between Sigma Company Limited and its employees. This decision provided certainty and stability for both parties, ensuring that the terms and conditions of employment were clearly defined and enforceable.

Sigma Company Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established