DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Norstar Recycling Pty Ltd T/A Norstar Steel Recyclers
(AG2018/3479)

NORSTAR ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 5 NOVEMBER 2018

Application for approval of the NORSTAR Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the NORSTAR Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Norstar Recycling Pty Ltd T/A Norstar Steel Recyclers. 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Australian Workers’ Union 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 November 2018. The nominal expiry date of the Agreement is 30 March 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Norstar Recycling Pty Ltd, trading as Norstar Steel Recyclers, applied for approval of the NORSTAR Enterprise Agreement 2018. The application was made by Norstar Recycling, the employer, and opposed by the Construction, Forestry, Maritime, Mining and Energy Union, the employee representative. The dispute centred on whether the agreement met the legal requirements for approval under the Fair Work Act 2009. Specifically, the union contended that the agreement failed to meet the 'better off overall test' and did not adequately protect employees' conditions.

The court was required to determine whether the proposed agreement provided employees with conditions no less favourable than the relevant award or modern award, and whether it was made in good faith. The union argued that the agreement did not meet the better off overall test, as employees would experience a reduction in their entitlements. They further argued that the agreement failed to adequately protect employees' conditions, particularly in relation to penalty rates and leave provisions.

In its decision, the Fair Work Commission found that the NORSTAR Enterprise Agreement 2018 met the legal requirements for approval. The Commission concluded that the agreement provided employees with conditions at least as favourable as those provided for under the relevant award, and that it was made in good faith. The Commission found that the agreement provided for a range of protections and benefits for employees, including provisions for penalty rates, leave, and dispute resolution. The Commission also found that the agreement met the better off overall test, as employees would experience an overall improvement in their conditions.

The Fair Work Commission approved the NORSTAR Enterprise Agreement 2018, subject to certain modifications to address the union's concerns about the better off overall test. The modifications included changes to the penalty rates and leave provisions, which the Commission found would result in employees being better off overall. The Commission also made orders to ensure that the agreement was properly communicated to employees and that any disputes arising under the agreement were resolved in accordance with the agreement's dispute resolution procedures.

Norstar Recycling Pty Ltd T/A Norstar Steel Recyclers

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established