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Fair Work Legislation Amendment Bill 2022 – what you need to know about the better off overall test (BOOT)

14 December 2022

With the change in Government in May 2022, we have seen a strong push to pursue changes to the national industrial relations system to ensure these are applied equitably for all employees. In order to achieve this the Fair Work Legislation Amendment Bill 2022 (the Bill) has been introduced which varies the Fair Work Act (cth) 2009 (FWA 2009).

The Bill was passed in parliament in early December 2022 and an overview of the changes and implications are included below. Broadly the changes cover gender equity, flexible work arrangements, sexual harassment, discrimination, job security and bargaining.

The Better Off Overall Test (BOOT)

Unnecessary complexities will be varied in the BOOT including;

  • The BOOT assessment needs to be holistic considering the terms of the agreement are overall better to employees when applying the relevant Modern Award.
  • Consideration of employers, employees and bargaining representative’s views equally are provided throughout the assessment.
  • The Fair Work Commission will consider closely patterns or kinds of work and types of employment and remedy any concerns by accepting an undertaking or varying an agreement.

Finally, the new legislation proposes abolishment of the Australian Building and Construction Commission and the Registered Organisations Commission with their functions transferred to the Fair Work Ombudsman.

This brief only provides a summary of the information in the Fair Work Legislation Amendment Bill 2022. Employers should not rely on its contents for legal or professional HR advice. For further information and to access a full copy of the Bill you can via the Federal Government Federal Register of Legislation website Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill 2022 .

If you have any questions or seeking advice on how this affects your business, please contact our Senior Impact HR Consultants on 1300 474 672 or info@impacthr.com.au .

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