Norstar Recycling Pty Ltd T/A Norstar Steel Recyclers
[2023] FWCA 1664
•7 JUNE 2023
| [2023] FWCA 1664 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Norstar Recycling Pty Ltd T/A Norstar Steel Recyclers
(AG2023/1531)
NORSTAR ENTERPRISE AGREEMENT 2023
| Manufacturing and associated industries | |
| COMMISSIONER SPENCER | BRISBANE, 7 JUNE 2023 |
Application for approval of the Norstar Enterprise Agreement 2023.
An application has been made for approval of an enterprise agreement known as the Norstar Enterprise Agreement 2023 (the Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (the Act). It has been made by Norstar Recycling Pty Ltd T/A Norstar Steel Recyclers (the Applicant). The Agreement is a single enterprise agreement.
An inquiry was raised with the Applicant and the bargaining representatives in relation to the redundancy provision of the Agreement which may not be completely consistent with the Act. This was resolved by the Applicant confirming they agreed to rely on the National Employment Standards (NES) precedence clause where there is conflict between the term of the Agreement and the NES. As such, I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act as are relevant to this application for approval have been met.
The Australian Workers Union (AWU) being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with section 201(2) I note that the Agreement covers the AWU.
The Agreement is approved and, in accordance with section 54 of the Act, will operate from 14 June 2023. The nominal expiry date of the Agreement is 30 March 2026.
COMMISSIONER
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