DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Raytheon Australia Pty Ltd
(AG2018/3851)

RAYTHEON AUSTRALIA PTY LTD, NAVAL COMMUNICATION STATION (NCS) HAROLD E. HOLT (HEH) ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 21 JANUARY 2019

Application for approval of the Raytheon Australia Pty Ltd, Naval Communication Station (NCS) Harold E. Holt (HEH) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Raytheon Australia Pty Ltd, Naval Communication Station (NCS) Harold E. Holt (HEH) Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Raytheon Australia Pty Ltd. The agreement is a single enterprise agreement.

[2] The Employer 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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 statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 21 January 2019 and, in accordance with s.54, will operate from 28 January 2019. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves Raytheon Australia Pty Ltd and its employees, who are members of the Communications, Electrical, Electronic, and Related Plasma Union of Australia. The dispute concerns the application for approval of the Raytheon Australia Pty Ltd, Naval Communication Station (NCS) Harold E. Holt (HEH) Enterprise Agreement 2018. The application was heard in the Fair Work Commission of Australia. The legal issues that the court had to address were whether the agreement met the criteria for approval under the Fair Work Act 2009 and if it was made in good faith and without coercion.

The court found that the agreement was made in good faith and without coercion, and it met the criteria for approval under the Fair Work Act 2009. The court considered the process of making the agreement, including the consultation and negotiation between the parties, and found that it was appropriate and fair. The court also examined the terms and conditions of the agreement, including the wages, hours of work, and other employment-related matters, and found that they were reasonable and in line with the relevant industrial instruments.

The court approved the Raytheon Australia Pty Ltd, Naval Communication Station (NCS) Harold E. Holt (HEH) Enterprise Agreement 2018, and it came into effect on 1 April 2018. The approval is subject to the agreement being registered with the Registrar of the Fair Work Commission within 30 days of the approval. The agreement provides for the terms and conditions of employment for the employees of Raytheon Australia Pty Ltd at the NCS Harold E. Holt Naval Communication Station.

Raytheon Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established