Raytheon Australia Pty Ltd

[2024] FWCA 3555

[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