[2017] FWCA 2940 [Note: This decision has been quashed - refer to Full Bench decision dated 1 August 2017 [2017] FWCFB 3892]

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sigma Company Limited T/A Sigma Healthcare
(AG2017/1795)

SIGMA (BERRINBA) ENTERPRISE AGREEMENT 2017

Pharmaceutical industry
COMMISSIONER GREGORY	MELBOURNE, 30 MAY 2017

Application for approval of the Sigma (Berrinba) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Sigma (Berrinba) 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/As Sigma Healthcare. The Agreement is a single enterprise agreement.

[2] 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 June 2017. The nominal expiry date of the Agreement is 29 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Sigma Company Limited, trading as Sigma Healthcare, and its employees. The dispute centred on the application for the approval of the Sigma (Berrinba) Enterprise Agreement 2017. This agreement, if approved, would govern the terms and conditions of employment for employees at the Berrinba branch of Sigma Healthcare. The matter was brought before the Fair Work Commission to determine whether the agreement complied with the requirements of the Fair Work Act 2009.

The primary legal issues addressed by the Commission were whether the agreement met the criteria for being a simple, single-enterprise agreement, whether it was made in good faith, and whether it provided for terms and conditions that were no less favourable than the relevant award or safety net minimum terms. The Commission had to assess whether the agreement contained all the mandatory terms required by the Act, whether it was made in accordance with the procedural requirements, and whether it provided for appropriate dispute resolution mechanisms.

The Commission found that the Sigma (Berrinba) Enterprise Agreement 2017 was a single-enterprise agreement that complied with the mandatory terms of the Fair Work Act 2009. The agreement was deemed to be made in good faith and provided for terms and conditions that were no less favourable than the relevant award. The Commission was satisfied that all procedural requirements were met and that the agreement contained appropriate dispute resolution mechanisms. Consequently, the Commission approved the agreement, finding that it met the necessary legal standards.

The final orders of the Commission were that the Sigma (Berrinba) Enterprise Agreement 2017 be approved, effective from the date of the decision. The approval of the agreement means that it will now govern the employment conditions of the employees at the Berrinba branch of Sigma Healthcare, subject to the terms and conditions set out in the agreement.

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