How is the BOOT test applied?

“In 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) […]

BOOT test explained

For an enterprise agreement to be registered by the Fair Work Commission, it is necessary that the Commission be satisfied that a number of procedural steps have been followed and significantly that the proposed agreement passes the better off overall test; that is to say that the employees to be covered by the agreement will […]

How to pass the BOOT test

As most practitioners are aware, an enterprise agreement cannot be registered by the Fair Work Commission unless the Commission is satisfied that the proposed agreement renders the employees who are to be covered by it better off overall than if the applicable award is applied. But how is the BOOT test applied? Here is the […]

Passing the fair work BOOT test

One of the trickiest employment law or fair work assignments is to be asked to design a program for a client under which a proposed enterprise agreement will meet the Fair Work Act’s better off overall test; or at least that is my experience as someone who does this for a living. Here is an […]

Enterprise agreements and the BOOT test

On 6 December 2017 the High Court held in ALDI Foods Pty Limited v Shop, Distributive & Allied Employees Association (2017) HCA 13 that the BOOT test under the Fair Work Act is not satisfied merely because there may be a comparison provision in the proposed enterprise agreement to the effect that an employee could […]

Loaded rates and the BOOT test

What follows is an extract from a recent summary of cases decided by the Fair Work Commission and which in this particular case deals with the relationship between loaded rates in enterprise agreements and how they operate in the context of the BOOT test. “Enterprise agreement matters Loaded Rates Agreements Background The Commission received five […]

Better Off Overall test explained

“There are two well-established propositions which concern the application of the BOOT. The first is that the BOOT requires that the Commission finds that each award covered employee, and each prospective employee, would be better off under the agreement than under the relevant modern award. The definition of ‘each’ is ‘every, of two or more considered […]