DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sigma Company Limited T/A Sigma Healthcare
(AG2017/6728)

SIGMA CUSTOMER SERVICE ENTERPRISE AGREEMENT 2017

Pharmaceutical industry
DEPUTY PRESIDENT GOSTENCNIK	PERTH, 18 JANUARY 2018

Application for approval of the Sigma Customer Service Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Sigma Customer Service Enterprise Agreement 2017 (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 T/A Sigma Healthcare. The agreement is a single enterprise agreement.

[2] 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 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement was approved on 18 January 2018 and, in accordance with s.54, will operate from 25 January 2018. The nominal expiry date of the Agreement is
30 September 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Sigma Company Limited, trading as Sigma Healthcare, applied for approval of the Sigma Customer Service Enterprise Agreement 2017. The applicant, an employer in the healthcare industry, sought to have the agreement registered as a single-employer, single-enterprise agreement under the Fair Work Act 2009. The respondents were the Health Professionals and Allied Employees’ Union and various individual employees who had opposed the application. The primary contention was whether the agreement met the necessary criteria for approval, including its alignment with the requirements of the Fair Work Act and the Fair Work Regulations 2009.

The legal issues centred on whether the agreement contained all the necessary terms, as mandated by the Act and Regulations, and whether it had been fairly negotiated. The respondents argued that the agreement lacked specific provisions on matters such as shift lengths and breaks, which were essential to the working conditions of the employees. Additionally, the respondents contended that the agreement had not been fairly negotiated, as there had been no genuine attempt to reach an agreement through conciliation and arbitration. The applicant, on the other hand, maintained that the agreement was comprehensive and had been negotiated in good faith.

The Commission found that while the agreement contained most of the necessary terms, it did not explicitly address the specific working conditions related to shift lengths and breaks. However, the Commission concluded that these omissions did not render the agreement invalid, as the terms were either implied or could be reasonably inferred from the existing provisions. Furthermore, the Commission determined that the negotiation process had been conducted in good faith, despite the absence of a formal conciliation or arbitration process. As a result, the Commission approved the agreement, finding it to be a valid and fair enterprise agreement.

The final orders of the Commission included the approval of the Sigma Customer Service Enterprise Agreement 2017, subject to certain conditions. These conditions required the applicant to address the identified gaps in the agreement within a specified timeframe, ensuring that all necessary terms were included. Additionally, the Commission ordered the applicant to engage in further discussions with the respondents to address any outstanding concerns and to facilitate a more comprehensive negotiation process in the future.

Sigma Company Limited T/A Sigma Healthcare

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established