Raytheon Australia Pty Ltd

[2024] FWCA 3555

FAIR WORK COMMISSION

DECISION
Fair Work Act 2009
s.210—Enterprise agreement
Raytheon Australia Pty Ltd
(AG2024/3181)

Manufacturing and associated industries

DEPUTY PRESIDENT O’KEEFFE

PERTH, 9 OCTOBER 2024

Application for variation of the Raytheon NCS HEH Enterprise Agreement 2022
[1]       Raytheon Australia Pty Ltd (the Applicant) has made an application to the Fair Work Commission (the FWC) under s.210 of the Fair Work Act 2009 (Cth) (the Act) for a variation to the Raytheon NCS HEH Enterprise Agreement 2022 (the Agreement).
[2]       The details of the proposed variation are attached to this decision as Annexure A.
[3]       The notification of the vote and the consideration period provided to employees were of seven days’ length but were not seven clear days. I am satisfied that no employees have been disadvantaged by this and have used the power conferred by s.188(5) of the Act to overlook this minor technical error.
[4]       The Applicant has provided a written undertaking (see Annexure B). I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.
[5]       Subject to the undertaking I have referred to above, I am satisfied that the requirements of ss 210 and 211 of the Act as relevant to this application have been met.
[6]       The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.
[7]       In accordance with s.216 of the Act, the variation shall operate from 16 October 2024.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE518136  PR780099>
Annexure A
Variation 1 – clause 6.2(a)
Current clause:
“It is recognised that the base is required to maintain operations on a 24 hour seven (7) day a week basis and in this regard employees engaged on communication and power generation shall work shift work, as required by Raytheon, as a normal condition of employment…”
Varied clause, with variation highlighted:
Varied clause with variation highlighted:
“It is recognised that the base is required to maintain operations on a 24 hour seven (7) day a week basis and in this regard employees engaged on telescopic surveillance, communication and power generation shall work shift work, as required by Raytheon, as a normal condition of employment…”
Variation 2 – Schedule 1
Table is varied by the addition of the following rows as highlighted:

Current	Year 1	Year 2	Year 3
Positions	Level	Hourly rate	Hourly rate	Hourly rate	Hourly rate
SST Technician Level 2	1.5	$52.53	$54.63	$56.27	$57.96
SST Technician Level 1***	1.5	$49.92	$51.42	$52.96

Variation 3 – Notes to Schedule 1 at dot point 3
Current wording:
“***Classification only applies until VLF Technician attains 201 competencies as defined by the applicable Raytheon Procedure.”
Varied wording, with variation highlighted:
“***Classification only applies until VLF Technician or SST Technician attains 201 competencies as defined by the applicable Raytheon Procedure.”
Annexure B

Raytheon Australia Pty Ltd applied to the Fair Work Commission (FWC) for a variation to the Raytheon NCS HEH Enterprise Agreement 2022. The application was made under section 210 of the Fair Work Act 2009. The proposed variations to the Agreement included changes to shift work requirements for employees, amendments to the schedule detailing hourly rates for various positions, and modifications to the notes regarding technician classifications. The application also included a written undertaking from the Applicant to ensure that no employee would suffer financial detriment and that there would be no substantial changes to the Agreement as a result of the variations.

The FWC was required to decide whether the proposed variations met the requirements of sections 210 and 211 of the Act. The Deputy President considered whether the notification and consideration period for the vote were adequately provided, despite a minor technical error. The Deputy President also examined the written undertaking to ensure it would not cause financial detriment to any employee or result in substantial changes to the Agreement. Given that the minor technical error did not disadvantage any employees and that the written undertaking met the requirements, the Deputy President approved the application.

The Deputy President found that all requirements of the Act were met and approved the variations to the Agreement. The variation included adding "telescopic surveillance" to the list of duties requiring shift work, adjusting the hourly rates for various technician positions, and extending the classification applicability to SST Technicians. The variation was approved subject to the Applicant's written undertaking, which was deemed sufficient to protect employees from financial detriment and prevent substantial changes to the Agreement. The variation shall operate from 16 October 2024, in accordance with section 216 of the Act. The consolidated version of the Agreement, as varied, is attached to the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

Manufacturing and associated industries
DEPUTY PRESIDENT O’KEEFFE	PERTH, 9 OCTOBER 2024