Application by Norstar Recycling P/L Trading AS Norstar Steel Recyclers
Citation: [2026] FWCA 2036
What happened
Norstar Recycling P/L, trading as Norstar Steel Recyclers, applied for approval of the NORSTAR Enterprise Agreement 2026. The agreement is a single enterprise agreement covering the company and the Australian Workers’ Union (AWU). The AWU indicated it wanted the agreement to cover them.
What was decided
The Fair Work Commission approved the NORSTAR Enterprise Agreement 2026, noting some inconsistencies with the National Employment Standards (NES). Clause 10.6 relates to casual conversion requests and clause 14.2 deals with redundancy accrual. The agreement will operate from August 7, 2026, and expire on March 30, 2029. Where there is an inconsistency between the Agreement and the NES, the more beneficial entitlements of the NES will prevail.
What it means for employers
Employers should ensure enterprise agreements are carefully reviewed for consistency with the National Employment Standards (NES). Any inconsistencies must be addressed to ensure the NES provisions apply where necessary. This approval highlights the importance of considering the impact of clauses relating to casual conversion and redundancy accrual.
What it means for employees
Employees covered by the NORSTAR Enterprise Agreement 2026 should be aware that if any clause in the agreement conflicts with their rights under the National Employment Standards, the NES provisions will apply. This includes entitlements related to casual conversion requests and redundancy accrual.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →