How is the BOOT test applied?

β€œIn any event, employees who work patterns of work which differ from the assumptions in the typical rosters may be financially disadvantaged by the operation of the loaded rates depending on their particular working arrangements – in circumstances where s.193 of the Act provides that an enterprise agreement passes the better off overall test (only) […]

Modern awards and enterprise agreements in the fair work system

The issue of whether a modern award, or for that matter an enterprise agreement,  covers the terms of employment of an employee is often very important to the carriage of an unfair dismissal case because an employee will be protected from unfair dismissal under the provisions of the Fair Work Act even if his or […]