Norstar Recycling Pty Ltd T/A Norstar Steel Recyclers Summary

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Norstar Recycling Pty Ltd T/A Norstar Steel Recyclers sought approval of an enterprise agreement, leading to a dispute that was heard by the Fair Work Commission. The dispute centred on the terms of the Norstar Enterprise Agreement 2023, which the applicant aimed to implement across its workforce. The legal issues for the court to decide included whether the agreement met the statutory requirements for approval under the Fair Work Act 2009 and whether it provided for fair and reasonable terms and conditions of employment. Additionally, the court had to consider if the agreement complied with the relevant provisions concerning the protection of employees’ rights and interests.

The Commission began by examining the procedural requirements for the negotiation and execution of the agreement. It assessed whether the agreement had been fairly negotiated and if the process adhered to the legislative framework. The court also scrutinised the substantive provisions of the agreement to ensure that it did not disadvantage employees unduly and provided for fair terms and conditions. In doing so, it considered various factors, including the nature of the workforce, the economic context, and the balance of power between the employer and employees. Furthermore, the court evaluated whether the agreement provided adequate protections for employees, such as provisions for dispute resolution, classification of employees, and terms relating to pay and conditions.

After thorough consideration, the Commission found that the Norstar Enterprise Agreement 2023 complied with the necessary statutory requirements and provided for fair and reasonable terms and conditions of employment. The court noted that the agreement had been fairly negotiated and executed, and that it appropriately balanced the interests of the employer and employees. The court also found that the substantive provisions of the agreement were fair and reasonable, and did not unduly disadvantage employees. Accordingly, the Fair Work Commission approved the Norstar Enterprise Agreement 2023. The Commission ordered that the agreement be registered and enforceable, effective from the date of the decision.

Norstar Recycling Pty Ltd T/A Norstar Steel Recyclers

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established