When a non greenfields agreement passes the better off overall test
(1) An enterprise agreement that is not a greenfields agreement passes the better off overall test under this section if the FWC is satisfied, as at the test time, that each award covered employee, and each prospective award covered employee, for the agreement would be better off overall if the agreement applied to the employee than if the relevant modern award applied to the employee.
4
What is the BOOT Test? Why was it introduced?
How was it applied in the Coles and H&M cases?
What are the strengths and the weaknesses of this test?
How do you think the BOOT test could be improved?
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