Raytheon Australia Pty Ltd
[2022] FWCA 3956
•11 NOVEMBER 2022
| [2022] FWCA 3956 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Raytheon Australia Pty Ltd
(AG2022/4518)
Raytheon NCS HEH Enterprise Agreement 2022
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT BEAUMONT | PERTH, 11 NOVEMBER 2022 |
Application for approval of the Raytheon NCS HEH Enterprise Agreement 2022
Raytheon Australia Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the Raytheon NCS HEH Enterprise Agreement 2022 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.
The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings 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.
In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.
Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.
The flexibility term at clause 27 of the Agreement does not comply with s 203(2)(a) of the Act in that it does not set out the terms of the Agreement the effect of which may be varied by an individual flexibility agreement. Rather, clause 27.1(1)(a)(i) refers simply to the variation of ‘arrangements about when work is performed’. Consequently, the model flexibility term prescribed by the Fair Work Regulations 2009 (Cth) is attached to the Agreement and taken to be a term of it.
The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union of Workers (the organisation), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.
The Agreement was approved on 11 November 2022 and, in accordance with s 54, will operate from 18 November 2022. The nominal expiry date of the Agreement is 30 June 2025.
DEPUTY PRESIDENT
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Annexure A
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