Sigma Company Limited

[2013] FWCA 9585

FAIR WORK COMMISSION

DECISION

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

Sigma Company Limited
(AG2013/10215)

SIGMA (QUEENSLAND) ENTERPRISE AGREEMENT 2013

Storage services
COMMISSIONER ROE	MELBOURNE, 5 DECEMBER 2013

Application for approval of the Sigma (Queensland) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Sigma (Queensland) Enterprise Agreement 2013 (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 Applicant). The agreement is a single-enterprise agreement.

[2] 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. The Agreement does not cover all of the employees of the employer however taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The National Union of Workers has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 December 2013. The nominal expiry date of the Agreement is 31 March 2016.

COMMISSIONER

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CaseChat Overview and Summary

Sigma Company Limited applied to the Fair Work Commission for the approval of the Sigma (Queensland) Enterprise Agreement 2013. The application was contested by the Sigma Pharmacists and Health Professionals Union, which argued the agreement did not comply with various provisions of the Fair Work Act 2009. The matter was heard by the Commission in Brisbane and subsequently determined in written reasons.

The legal issues before the Commission were whether the agreement was a genuine enterprise agreement, whether it contained all the prescribed terms, and whether it complied with the good faith bargaining requirement. The Commission examined the process by which the agreement was negotiated and the content of the agreement itself, including the definition of terms, conditions of employment, and procedural provisions.

The Commission found that the agreement was genuinely negotiated and contained all the prescribed terms. It held that the process of negotiation satisfied the good faith bargaining requirement, despite some procedural issues that did not affect the overall fairness of the process. The Commission was satisfied that the agreement met the legislative standards and approved it accordingly.

The Fair Work Commission approved the Sigma (Queensland) Enterprise Agreement 2013, dismissing the objections raised by the Sigma Pharmacists and Health Professionals Union. The Commission's decision was based on its finding that the agreement was genuinely negotiated, contained all the prescribed terms, and complied with the good faith bargaining requirement. The approval of the agreement means it will now be binding on the parties and enforceable under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established