DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sigma Company Limited T/A Sigma Pharmaceuticals Limited
(AG2016/4612)

SIGMA (SA/NT) ENTERPRISE AGREEMENT 2016

Pharmaceutical industry
COMMISSIONER CIRKOVIC	MELBOURNE, 7 SEPTEMBER 2016

Application for approval of the Sigma (SA/NT) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Sigma (SA/NT) Enterprise Agreement 2016 (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 Pharmaceuticals 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 7 September 2016 and, in accordance with s.54, will operate from 14 September 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were Sigma Company Limited, trading as Sigma Pharmaceuticals Limited, and the Fair Work Commission. The dispute centred around the application for approval of the Sigma (SA/NT) Enterprise Agreement 2016. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues the court had to address were whether the agreement provided for the terms and conditions of employment for the relevant employees in a fair and reasonable manner, and whether it complied with the procedural requirements outlined in the Fair Work Act. This included assessing whether the agreement was made in good faith, whether it included provisions for minimum wages and conditions, and whether the agreement was properly certified by the relevant independent body.

The court found that the Sigma (SA/NT) Enterprise Agreement 2016 was made in good faith and met the necessary legal criteria for approval. The agreement provided for fair and reasonable terms and conditions of employment, including provisions for minimum wages and conditions. Additionally, the court determined that the agreement was properly certified, and the procedural requirements of the Fair Work Act were adhered to. Consequently, the court approved the application for the agreement's approval.

The Fair Work Commission approved the Sigma (SA/NT) Enterprise Agreement 2016, thereby formalising the terms and conditions of employment for the relevant employees as outlined in the agreement. This decision ensures that the agreement is legally binding and can be implemented, providing a framework for the employment relationship between Sigma Company Limited and its employees in South Australia and the Northern Territory.

Sigma Company Limited T/A Sigma Pharmaceuticals Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established