ARTICLE · 13 MAY 2009

"The BOOT" Practical Operation Of The Better Off Overall Test

Norton Rose Fulbright Australia

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There is considerable uncertainty about the Rudd Government's new "better off overall" test (BOOT) that will apply to enterprise agreements under the Fair Work Act. This may explain why some employers are taking steps to have agreements approved before the new test will take effect.

AustraliaEmployment and HR

Stuart Kollmorgen (Formerly With Norton Rose Fulbright Australia)

Richard Naughton

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There is considerable uncertainty about the Rudd Government's new "better off overall" test (BOOT) that will apply to enterprise agreements under the Fair Work Act. This may explain why some employers are taking steps to have agreements approved before the new test will take effect.

The better off overall test applies from 1 January 2010 (with the relevant comparator being a new modern award). Until then, the current no disadvantage test (NDT) will continue to apply.

The relevant testing authority and which test will apply over the next 12 month period are set out in this table.

Relevant Time Period	Testing Authority	Test Applied	Relevant Comparator
Until 30 June 2009

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