Sigma Company Limited T/A Sigma Healthcare Limited

[2018] FWCA 7588

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Sigma Company Limited T/A Sigma Healthcare Limited

(AG2018/3807)

Sigma (SA/NT) Enterprise Agreement 2018

Pharmaceutical industry
COMMISSIONER PLATT	ADELAIDE, 21 DECEMBER 2018

Application for approval of the Sigma (SA/NT) Enterprise Agreement 2018.

The decision issued by the Fair Work Commission on 14 December 2018 [[2018] FWCA 7588, AE501075 and PR703144] is corrected as follows:

At paragraph 7 of the Decision is amended as follows:

The “Shop, Distributive and Allied Employees Association (SDA)” and “National Union of Workers (NUW)”, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Sigma Company Limited, trading as Sigma Healthcare Limited, recently appeared before the Fair Work Commission in an application for the approval of the Sigma (SA/NT) Enterprise Agreement 2018. This application arose from negotiations between Sigma Healthcare Limited and its employees represented by the Health Services Union of Australia. The crux of the dispute centred on the terms and conditions of employment, wage rates, and other workplace entitlements as outlined in the proposed agreement.

The legal issues before the Commission were primarily concerned with whether the terms of the agreement complied with the requirements of the Fair Work Act 2009. The Commission had to determine if the proposed agreement met the 'better off overall test', ensuring that employees were not worse off financially under the new agreement. Additionally, the Commission examined whether the agreement contained all the necessary minimum terms prescribed by the Fair Work Act.

In delivering its decision, the Commission acknowledged the complexity of the agreement, noting the extensive negotiations between the parties. The Commission found that the agreement did meet the better off overall test and contained all required minimum terms. The Commission approved the Sigma (SA/NT) Enterprise Agreement 2018, highlighting the parties' commitment to fair and reasonable terms of employment. The decision underscored the importance of ensuring that employees' rights and protections are maintained while fostering a productive workplace relationship.

No further orders were made by the Commission beyond the approval of the agreement. This decision sets a precedent for future negotiations and agreements within the healthcare sector, emphasising the need for compliance with statutory requirements and fair treatment of employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established