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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Sigma Company Limited T/A Sigma Healthcare Limited applied to the Fair Work Commission for the approval of the Sigma (Rowville) Enterprise Agreement 2019. The application was opposed by the Health Services Union of Australia. The nature of the dispute involved the terms and conditions of employment under the proposed agreement, including wages, working hours, and other employment-related matters.

The legal issues before the Commission were whether the agreement met the statutory requirements under the Fair Work Act 2009, and whether it was made in accordance with the procedural fairness principles. Specifically, the Commission had to determine if the agreement provided for a fair and reasonable system of classification and remuneration, and if it complied with the provisions regarding employee consultation and information disclosure.

The Commission found that the agreement was procedurally sound, as it was made following proper consultation processes and all relevant parties were given the opportunity to provide input. The terms of the agreement were considered fair and reasonable, providing for adequate remuneration and benefits that aligned with industry standards. The Commission also noted the efforts made by the parties to reach a consensus on the various issues. Accordingly, the application for approval was granted.

The final orders of the Commission were that the Sigma (Rowville) Enterprise Agreement 2019 be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the relevant employees until the next scheduled review or until terminated in accordance with the agreement's provisions.

Sigma Company Limited T/A Sigma Healthcare Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established