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

APPENDIX A

CaseChat Overview and Summary

The applicant, Norstar Recycling Pty Ltd trading as Norstar Steel Recyclers, applied to the Fair Work Commission for approval of the Norstar Enterprise Agreement 2014. The application arose from a dispute regarding the terms of employment and the processes involved in the negotiation and agreement of the enterprise agreement. The matter was heard in the Fair Work Commission, which has jurisdiction to oversee and approve enterprise agreements under the Fair Work Act 2009.

The legal issues before the Commission centred on whether the enterprise agreement had been fairly negotiated and if it complied with the procedural and substantive requirements of the Fair Work Act. Key points of contention included the process through which the agreement was negotiated, the participation of relevant employee representatives, and whether any procedural flaws could be rectified without compromising the fairness of the agreement. Additionally, the Commission had to determine if the terms and conditions set out in the agreement were fair and reasonable.

The Commission carefully reviewed the evidence presented regarding the negotiation process and found that while there were some procedural irregularities, they did not fundamentally undermine the fairness of the agreement. The Commission held that the employee representatives had been adequately involved, and any procedural issues could be addressed through minor amendments. It was also concluded that the terms of the agreement were fair and reasonable, taking into account the specific nature of the industry and the bargaining positions of the parties. Consequently, the Commission approved the Norstar Enterprise Agreement 2014, subject to certain minor modifications to address the identified procedural issues.

The Fair Work Commission approved the Norstar Enterprise Agreement 2014, with conditions that certain procedural adjustments be made to address the identified issues. These modifications were intended to ensure compliance with the Fair Work Act and to rectify the procedural irregularities without altering the substantive fairness of the agreement.

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