Amentum Global Services - Australia Pty Ltd Trading AS Amentum

Application for approval of the OASIS/VESTA Single-enterprise Agreement 2025

[1] An application has been made by Amentum Global Services - Australia Pty Ltd (Applicant) for approval of an enterprise agreement known as the OASIS/VESTA Single-enterprise Agreement 2025 (Agreement). The Application is made pursuant to s. 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement. The Commission must approve the agreement if the requirements in ss. 186 and 187 of the Act are met.

[2] Concerns were raised that some of the terms of the Agreement may oust NES conditions. The clauses raised were clauses 9, 9.6, 11, 29.2 and 32. In response the Applicant provided undertakings to make clear the NES applied.

[3] Sections 186(2)(d) requires the Commission to be satisfied the agreement passes the better off overall test (BOOT). The test is found in s.193 of the Act and it is to be applied in accordance with s. 193A.

[4] Issues were raised with the Applicant as to whether the Agreement passed the BOOT. The Applicant responded that while clauses 21.7, 5, 21.1, and 8 provided conditions that were less beneficial than the Manufacturing Award making a global assessment having regard the terms of the Agreement that are more beneficial to employees the Agreement passes the BOOT

[5] A copy of the undertakings is attached (Annexure A). In accordance with s. 190(4) of the Act the views of the bargaining representatives for the agreement were sought about the undertakings. No objection was raised. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement.

[6] Having regard to the undertakings and the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss. 186 and 187 are met.

[7] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia Union, the United Workers Union (UWU) and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU) were bargaining representatives for the Agreement and have given notice under s. 183 of the Act that they want the Agreement to cover them. In accordance with s. 201(2) of the Act, I note the Agreement covers the CEPU, UWU and AMWU.

[8] Clause 3.3.1 of the Agreement provides that:

"This Agreement shall operate from the Operative Date of the Agreement, and will

remain in force for a period of four (4) years from that date."

[9] Clause 2 defines Operative Date to mean:

"the date of the Saturday that starts the first full pay period following the approval

[10] The combined effect of those two provisions may be to create an agreement of a length of greater than four years from the date of approval.

[11] In order to approve an agreement, I must be satisfied that, as set out in s165(5), the agreement specifies a nominal expiry date and that "the date will not be more than 4 years after the day on which the FWC approves the agreement". This concern was raised with the Applicant.

[12] The Applicant has, in response to that concern, provided an undertaking that despite Clause 3.3.1 the Agreement will expire four years from the date of approval. The Agreement was approved on 25 August 2025 and will expire on 25 August 2029. The agreement will commence operation will operate in accordance with Clause 3.3.2

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