Raytheon Company T/A Raytheon Australian Operations

[2020] FWCA 422

[2020] FWCA 422

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Raytheon Company T/A Raytheon Australian Operations
(AG2019/5027)

RAYTHEON AUSTRALIAN OPERATIONS AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER PLATT	ADELAIDE, 29 JANUARY 2020

Application for approval of the Raytheon Australian Operations Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Raytheon Australian Operations Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Raytheon Company T/A Raytheon Australian Operations. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 10 January 2020.

[3] On 16 January 2020, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 24 January 2020. The undertaking deals with the following topics:

•  The current default superannuation fund is AMP Custom Super.

•  The definition of a shift worker in clause 11.4 of the Agreement is to be taken as the definition for the purposes of the National Employment Standards (NES).

•  In relation to clause 41 (Disputes), an employee who is party to a dispute may be represented at any stage of the dispute process.

•  Annual leave entitlements will be read subject to the NES having precedence.

•  Clause 21 (Public Holidays) will operate subject to s.114 of the Act.

•  In relation to clause 43 (Abandonment of Employment), the Applicant will pay notice where required by the NES.

•  The classifications and hourly rates are set out in the Annexure to the undertaking.

•  If a part-time employee works a Saturday and/or Sunday by agreement, and does not take equivalent time off on a different day within the same week, they will be paid the higher of their Award entitlement for that week plus $5 or their Agreement entitlement.

•  The Applicant has inserted a NES precedence clause.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] 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.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 28 January 2024.

COMMISSIONER

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