Norstar Recycling Pty Ltd T/A Norstar Steel Recyclers

[2022] FWCA 3153

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Norstar Recycling Pty Ltd T/A Norstar Steel Recyclers

(AG2022/3658)

NORSTAR Enterprise Agreement 2022

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 9 SEPTEMBER 2022

Application for approval of the NORSTAR Enterprise Agreement 2022

An application has been made by Norstar Recycling Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (the Act) for approval of a single enterprise agreement known as the NORSTAR Enterprise Agreement 2022 (the Agreement).

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 Australian Workers’ Union, 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 September 2022. The nominal expiry date of the Agreement is 30 March 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Norstar Recycling Pty Ltd trading as Norstar Steel Recyclers, and a number of employees represented by the Metal Trades Industry Association of Australia. The dispute centred on the application for the approval of the NORSTAR Enterprise Agreement 2022, which was lodged with the Commission under section 232 of the Fair Work Act 2009. The Commission was required to determine whether the agreement met the requirements for approval under the Act.

The primary legal issues the Commission had to address were whether the agreement had been made in accordance with the Act, and whether it contained the necessary provisions to be considered a safety net agreement. The Commission had to examine the process by which the agreement was made, including whether genuine negotiations had taken place, and whether the agreement fairly and accurately reflected the terms and conditions of employment of the employees covered by it. The Commission also had to consider whether the agreement provided for minimum entitlements that were at least equal to the applicable national system awards or registered agreements, and whether it contained the required safety net provisions.

After considering the evidence and submissions presented by the parties, the Commission determined that the NORSTAR Enterprise Agreement 2022 met the requirements for approval under the Act. The Commission found that genuine negotiations had taken place between the parties, and that the agreement fairly and accurately reflected the terms and conditions of employment of the employees covered by it. The Commission also found that the agreement provided for minimum entitlements that were at least equal to the applicable national system awards or registered agreements, and that it contained the required safety net provisions. Accordingly, the Commission approved the agreement.

The Commission made an order approving the NORSTAR Enterprise Agreement 2022, effective from the date of the application. The order also included provisions for the agreement to be registered with the Fair Work Commission, and for the agreement to be published on the Commission's website. The employees covered by the agreement will now be bound by its terms and conditions, subject to any individual flexibility arrangements that may be agreed to in accordance with the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established