Sigma Company Limited T/A Sigma Healthcare Limited

[2020] FWCA 3403

[2020] FWCA 3403

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sigma Company Limited T/A Sigma Healthcare Limited
(AG2020/1501)

SIGMA (ROWVILLE) ENTERPRISE AGREEMENT 2019

Pharmaceutical industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 29 JUNE 2020

Application for approval of the Sigma (Rowville) Enterprise Agreement 2019.

[1] Sigma Company Limited (the Employer) has made an application for approval of an enterprise agreement known as the Sigma (Rowville) Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] On the basis of the material contained in the application, the accompanying statutory declaration, and the additional information provided by the Employer, 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] I observe that clauses 4.5.3(b), 4.6.5, 7.2.3, 7.2.6(d) and 7.2.7(b) of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 1.4 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The United Workers’ Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 29 June 2020 and, in accordance with s 54, will operate from 6 July 2020. The nominal expiry date of the Agreement is 30 September 2022.

DEPUTY PRESIDENT

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