DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sigma Company Limited T/A Sigma Healthcare Limited
(AG2018/842)

SIGMA (NEW SOUTH WALES) ENTERPRISE AGREEMENT 2017

Pharmaceutical industry
COMMISSIONER LEE	MELBOURNE, 13 JUNE 2018

Application for approval of the Sigma (New South Wales) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Sigma (New South Wales) 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/A Sigma Healthcare Limited. 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 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 June 2018. The nominal expiry date of the Agreement is 31 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Sigma Company Limited, trading as Sigma Healthcare Limited, applied for the approval of the Sigma (New South Wales) Enterprise Agreement 2017. The dispute arose as Sigma sought to implement certain changes to employee conditions, including shifts in workplace arrangements and wage adjustments. The application was contested by the Health Services Union of Australia, which represented some of the employees affected by the proposed changes. The commission was tasked with determining whether the agreement met the legal standards for approval under the Fair Work Act 2009.

The central legal issues revolved around whether the proposed enterprise agreement complied with the statutory requirements outlined in the Fair Work Act 2009. This included assessing if the agreement provided for minimum terms and conditions of employment, ensured fair and reasonable terms, and was free from prohibited content. The commission had to determine if the agreement's provisions on shift patterns, wage adjustments, and other employment terms were fair and reasonable, and whether the process of agreement formation met procedural fairness standards.

The Fair Work Commission deliberated on the balance between the employer's right to manage its business and the employees' rights to fair and reasonable terms of employment. The commission noted the evidence provided by both parties regarding the nature of the workplace and the necessity for the proposed changes. It concluded that the agreement provided for minimum terms and conditions, was fair and reasonable, and did not contain any prohibited content. The commission found that the agreement was made in good faith and was supported by a majority of the relevant employees, thus meeting the criteria for approval under the Fair Work Act 2009.

The Fair Work Commission approved the Sigma (New South Wales) Enterprise Agreement 2017, determining that it met all legal requirements for approval. The decision was based on the comprehensive evidence presented and the conclusion that the agreement was fair and reasonable, providing for the minimum terms and conditions of employment. The commission's decision allowed Sigma to implement the changes as outlined in the approved enterprise agreement, subject to the terms and conditions set forth.

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