To help employers navigate the Secure Jobs, Better Pay transitional provisions, the Fair Work Commission has developed an online guide to show which test will be applied when approving new enterprise agreements. This easy-to-use tool, which is now available on the FWC website, allows you to enter the relevant dates (i.e. when you started bargaining and when the agreement was made) to determine which tests apply to you.
To summarise:
- If bargaining commenced, and an agreement was made, before 6 June 2023, the old BOOT and old genuine agreement test applies.
- If bargaining commenced before 6 June 2023, but an agreement was made on or after 6 June 2023, the new BOOT and old genuine agreement test applies.
- If bargaining commenced after 6 June 2023, and a subsequent agreement was made, the new BOOT and new genuine agreement test applies.
If you’d like to know more about how these provisions affect you and your business, Emplawyer is here to help.
