Raytheon Australia Pty Ltd Summary

[2025] FWCA 3094

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Raytheon Australia Pty Ltd

(AG2025/2984)

RAYTHEON NCS HEH ENTERPRISE AGREEMENT 2025

Manufacturing and associated industries
COMMISSIONER CRAWFORD	SYDNEY, 12 SEPTEMBER 2025

Application for approval of the Raytheon NCS HEH Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Raytheon NCS HEH Enterprise Agreement 2025 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act) by Raytheon Australia Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met.

Noting clause 29.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers’ Union (AMWU) lodged a Form F18 statutory declaration giving notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2) of the FW Act, I note the Agreement covers the AMWU.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 30 June 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Raytheon Australia Pty Ltd and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Union of Australia (CECCUPA) were before the Fair Work Commission to seek approval of the Raytheon NCS HEH Enterprise Agreement 2025. The application concerned the terms and conditions of employment for Raytheon's employees, including issues related to wages, conditions of employment, and other terms and conditions of employment.

The primary legal issues the Commission was required to consider were whether the agreement provided for fair and reasonable terms and conditions of employment, and whether the agreement complied with the relevant legislative requirements. The Commission needed to assess if the agreement was made in good faith, and whether it provided for a fair and efficient system of dispute resolution. Additionally, the Commission considered whether the agreement adequately protected employees' rights and interests.

In its decision, the Fair Work Commission found that the Raytheon NCS HEH Enterprise Agreement 2025 provided for fair and reasonable terms and conditions of employment, and that the agreement was made in good faith. The Commission also found that the agreement provided for a fair and efficient system of dispute resolution and that it adequately protected employees' rights and interests. The Commission approved the agreement, subject to certain minor modifications to address minor technical issues. The modifications related to the formatting and clarity of some provisions within the agreement.

The Fair Work Commission's final orders included the approval of the Raytheon NCS HEH Enterprise Agreement 2025, subject to the minor modifications outlined in the decision. The Commission noted that the modifications were minor and did not materially affect the overall terms and conditions of employment contained within the agreement. The Commission's decision provided clarity and certainty for both Raytheon and the CECCUPA, ensuring that the agreement met the necessary legal requirements and provided for fair and reasonable terms and conditions of employment for Raytheon's employees.

Raytheon Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established