Raytheon Company

[2016] FWCA 70

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Raytheon Company T/A Raytheon Australian Operations

(AG2015/7624)

RAYTHEON AUSTRALIAN OPERATIONS AGREEMENT 2016

Manufacturing and associated industries

COMMISSIONER GREGORY

MELBOURNE, 6 JANUARY 2016

Application for approval of the Raytheon Australian Operations Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the

Raytheon Australian Operations Agreement 2016 (the Agreement). The application was made

pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Raytheon

Company T/A Raytheon Australian Operations. The Agreement is a single enterprise

agreement.

[2] The Applicant has provided a written undertaking. A copy of the undertaking is

attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment

to any employee covered by the Agreement and that the undertaking will not result in

substantial changes to the Agreement.

[3] I am satisfied that the rates of pay provided to the Commission on 11 December 2015

and set out in Attachment 2 to the F17 Employers Statutory Declaration are the rates of pay

that are applicable at test time and will apply to employees covered by the Agreement.

[4] Subject to the undertakings and rates of pay 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.

[5] 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.

[6] 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.
[2016] FWCA 70

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

13 January 2016. The nominal expiry date of the Agreement is 6 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

[2016] FWCA 70

ANNEXURE A

CaseChat Overview and Summary

The Raytheon Australian Operations Agreement 2016 was the subject of an application for approval under section 185 of the Fair Work Act 2009. The applicant, Raytheon Company trading as Raytheon Australian Operations, sought approval of this enterprise agreement. The agreement pertains to the manufacturing and associated industries sector and was proposed to be a single enterprise agreement.

The legal issues before the Commissioner involved confirming that the agreement met the requirements of sections 186, 187, 188, and 190 of the Act, including whether the written undertaking provided by the applicant would not cause financial detriment to employees or result in substantial changes to the agreement. Additionally, the Commissioner had to verify the rates of pay applicable at the time of the test and ensure that the model consultation term prescribed by the Fair Work Regulations 2009 was included in the agreement. The Commissioner also needed to consider whether the Australian Manufacturing Workers’ Union, a bargaining representative for the agreement, had given notice under section 183 of the Act for the agreement to cover it.

The Commissioner determined that the agreement met all the necessary statutory requirements and found the applicant's written undertaking to be satisfactory, ensuring it would not cause financial detriment to employees or result in substantial changes. The rates of pay provided by the applicant were confirmed to be applicable at test time. The Commissioner also noted that the model consultation term was included in the agreement as required. Lastly, the Commissioner acknowledged that the Australian Manufacturing Workers’ Union had given notice for the agreement to cover it.

The Raytheon Australian Operations Agreement 2016 was approved and will operate from 13 January 2016, with a nominal expiry date of 6 January 2019.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established