DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sigma Company Limited T/A Sigma Healthcare
(AG2017/2314)

SIGMA (VICTORIA) ENTERPRISE AGREEMENT 2016

Pharmaceutical industry
COMMISSIONER JOHNS	SYDNEY, 4 JULY 2017

Application for approval of the Sigma (Victoria) Enterprise Agreement 2016.

[1] On 19 June 2017 Sigma Company Limited T/A Sigma Healthcare (Applicant) made an application for approval of the Sigma (Victoria) Enterprise Agreement 2016 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single -enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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.

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

[5] The National Union of Workers, 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), the Commission notes that the Agreement covers this organisation.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 11 July 2017. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Sigma Company Limited trading as Sigma Healthcare, an application was made before the Fair Work Commission seeking approval of the Sigma (Victoria) Enterprise Agreement 2016. The dispute arose from the need to validate the proposed enterprise agreement which aimed to regulate the terms and conditions of employment for certain employees within Sigma Healthcare's Victoria operations. The application was brought under the Fair Work Act 2009, emphasising the necessity for the agreement to meet specific legal standards and to ensure that it does not adversely affect employees' safety, health, or welfare.

The court was tasked with determining whether the proposed agreement complied with the legislative requirements set forth in the Fair Work Act. This involved assessing whether the agreement covered the appropriate employee classification, whether it contained all the mandated minimum terms and conditions, and if it provided adequate safeguards for employee rights and protections. A critical component of the decision was ensuring that the agreement did not undermine the fundamental rights of employees as outlined in the National Employment Standards and other relevant industrial instruments.

After careful consideration of the evidence and submissions presented by both parties, the Fair Work Commission found that the Sigma (Victoria) Enterprise Agreement 2016 met the necessary legal criteria for approval. The Commission was satisfied that the agreement appropriately classified employees, incorporated all required minimum terms and conditions, and provided sufficient protections for employee rights. Consequently, the Commission granted approval of the agreement, ensuring that it would come into effect as intended, subject to the conditions specified in the approval.

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