A common question we receive, when we’re investigating flexible options for our clients is what is a Better Off Overall Test (BOOT)?
A Better Off Overall Test is a requirement when creating an individual flexibility agreement for employees. This tool is used to determine whether the proposed change to an employee’s terms and conditions of employment will leave the employee better off overall than they were before the change. For example, proposed changes to hours or pay against the minimum terms and conditions in the relevant award.
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 applies 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.
