SOUTH AUSTRALIAN EMPLOYMENT TRIBUNAL
Notice of Exemption
EQUAL OPPORTUNITY ACT 1984
Before Deputy President Judge Farrell
I HEREBY certify that on 4 July 2017, the South Australia Employment Tribunal, on the application of Raytheon Australia Pty Ltd, made the following orders for exemption:
1. Pursuant to Section 92 (1) of the Equal Opportunity Act 1984 (‘the Act’) the Applicant is exempt from compliance with the provisions of Sections 52 and 54 of the Act.
2. This exemption is granted for a period of three years commencing on 4 July 2017.
3. The exemption is subject to the following conditions:
3.1 It will only apply to conduct by the applicant where:
(a) that conduct is necessary to enable it to enter into, perform and ensure compliance with contractual undertakings and the ITAR where access to ITAR Controlled Material is required for performance of contracts;
(b) it has taken all steps that are reasonably available (including steps which might be taken in negotiating and performing the terms of their agreements with contractors in the USA) to avoid the necessity for engaging in conduct which would otherwise be in breach of sections 52 and 54 of the Act.
3.2 Where, in the exercise of this exemption, an employee or contract worker is moved from a project involving the use of ITAR Controlled Material to any other work controlled by the applicant or any of its related entities, the applicant must through a duly authorised officer explain to the person why he or she is being transferred and must otherwise take all reasonable steps to avoid or limit harm or loss to that person.
3.3 Where the applicant uses a system of security passes to reflect the fact of access to ITAR Controlled Material or levels of access to any security-sensitive material by employees and contract workers, the passes may be coded but not in such a way as to identify the nationality of the person or the reasons for that person’s level of access.
3.4 All information relating to security passes, security clearance levels and access to ITAR Controlled Material shall be restricted to designated authorised Company personnel with responsibility for export/import operations, Human Resources, legal, compliance and similar functions, or their properly appointed nominee on a ‘need to know’ basis.
4. On 8 January 2018 and every six months thereafter, for the duration of this exemption, the applicant must report to the Equal Opportunity Commissioner on its compliance with the exemption requirements and changes in its procedures to reflect amendments to the ITAR, and as to how its employees and contractors are affected.
Dated 14 July 2017.
L. McLay, Registrar,
South Australian Employment Tribunal