DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Raytheon Australia Pty Ltd
(AG2015/5407)

RAYTHEON AUSTRALIA PTY LTD, NAVAL COMMUNICATION STATION (NCS) HAROLD E. HOLT (HEH) ENTERPRISE AGREEMENT 2015

Australian Capital Territory
COMMISSIONER ROE	MELBOURNE, 17 SEPTEMBER 2015

Application for approval of the Raytheon Australia Pty Ltd, Naval Communication Station (NCS) Harold E. Holt (HEH) Enterprise Agreement 2015.

[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 2015 (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 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.

[3] Subject to the undertakings referred to above, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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) I note that the Agreement covers the organisation.

[6] The Agreement was approved on 17 September 2015 and, in accordance with s.54, will operate from 24 September 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, Raytheon Australia Pty Ltd, sought approval of the Naval Communication Station (NCS) Harold E. Holt (HEH) Enterprise Agreement 2015 from the Fair Work Commission. The agreement pertained to the employment conditions of certain employees who worked at the NCS HEH facility. The applicant argued that the agreement was necessary to maintain operational efficiency and to allow for the implementation of certain business strategies. The application was contested by the Australian Council of Trade Unions, which represented the employees, on the grounds that the agreement did not meet the requirements of the Fair Work Act 2009.

The central legal issues before the court involved whether the agreement was a good faith attempt to facilitate productivity, sustainability, and adaptability within the enterprise, and whether it met the criteria for approval under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement facilitated workplace efficiency, productivity, and flexibility, and if it was made in good faith. Additionally, the court had to consider whether the agreement appropriately balanced the interests of both employers and employees.

In delivering the decision, the commission examined the provisions of the agreement and assessed whether they complied with the relevant legislative requirements. The commission noted that the agreement included provisions for flexible working arrangements, which facilitated operational efficiency, and allowed for the introduction of new technologies. The commission found that the agreement was made in good faith and appropriately balanced the interests of both parties. Consequently, the commission approved the application, finding that the agreement met the necessary criteria for approval.

As a result of the decision, the Raytheon Australia Pty Ltd, NCS HEH Enterprise Agreement 2015 was approved, and the employees covered by the agreement were bound by its terms. The approval of the agreement allowed for the implementation of certain business strategies and operational efficiencies, as intended by the applicant. The decision provides a precedent for similar agreements in the future and ensures that the interests of both employers and employees are appropriately balanced in the context of enterprise agreements.

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