Norstar Recycling Pty Ltd T/A Norstar Steel Recyclers

[2015] FWCA 118

[2015] FWCA 118

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Norstar Recycling Pty Ltd T/A Norstar Steel Recyclers
(AG2014/10470)

NORSTAR ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 7 JANUARY 2015

Application for approval of the Norstar Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Norstar Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Norstar Recycling Pty Ltd T/A Norstar Steel Recyclers. The agreement is a single-enterprise agreement.

[2] An undertaking has been given in relation to clause 12.8 of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(1) of the Act and is appended at Appendix A.

[3] Subject to this undertaking, I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[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. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The nominal expiry date stated in the Agreement is “10 November 2014”, a date which precedes the making of the agreement.

[6] Upon advising the employer of this, a Statutory Declaration declared by of Mr James Davenport, Administration Manager, was filed. Mr Davenport declared that the nominal expiry date contained in clause 4.1 of the Agreement was in error and that the date in clause 4.1 should have read “10 November 2017”. Therefore, pursuant to s.586 of the Act the nominal expiry date of the Agreement is corrected to read “10 November 2017”.

[7] The Agreement is approved and, in accordance with s.54(1), will operate from 14 January 2015. The nominal expiry date of the Agreement is 10 November 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code G, AE412096  PR559771>

APPENDIX A