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In concluding the union, which had not made reasonable efforts due to the inclusion of excessive provisions on the hiring of workers, Commissioner Bull rejected the PABO union`s request. Recently, the FWC provided further details on THE BOOT of BOC Limited (Gas-Gear – Victoria) Certified Agreement 2019 [2019] FWCA 5544. Vice-President Colman reviewed BOC Limited`s request to approve the proposed enterprise agreement. The National Union of Workers (NUW) argued that the enterprise agreement did not leave boot for potential workers. Under the proposed enterprise agreement, future workers were unable to obtain days of service for overtime. The FWC has calculated that the higher rate of pay available to workers has had the effect of financially improving the financial situation of potential workers under the proposed enterprise agreement. The NUW also submitted that future workers are not able to obtain the “intangible” or “lifestyle” benefits resulting from the collection of RDOs or the accumulation of downtime instead of overtime and that this loss of “intangible” or “lifestyle” benefits should be taken into account in the implementation of the BOOT. Vice-President Colman stated that it was not inherently more advantageous to take time off and break rather than overtime. It was a subjective reflection. Different workers have differing views on whether drO and free time are more advantageous than a higher rate of pay. Vice-President Colman added that BOOT focused on objective and verifiable considerations.

Assessing the improvement of a worker`s situation under the proposed agreement is not a line comparison. Nor is it contrary to the FW law for an enterprise agreement to exchange conditions. The test is whether, on the whole, staff are doing better under the enterprise agreement. The BOOT does not take into account the personal preferences of each employee. Vice-President Colman felt that, in accordance with the proposed enterprise agreement, current and future workers are doing better. The higher rate of pay outweighs the loss of ability to accumulate RDOs and take days off instead of overtime. Full Bench found that the agreement had not been reached by BOOT. Not all employees were better off under the agreement. Workers who worked primarily during lower penalty interest periods, part-time workers and casual workers would experience significant loss of monetary policy. In addition, not all employees would receive other benefits. Any worker and potential worker covered by an updated bonus, whose duties are covered by a bonus and whose employer is covered by a bonus, must be better placed under the proposed enterprise agreement. It is not the majority of these employees who, on the whole, need to be better off, all employees need to be better off.

However, the FWC does not take into account the subjective personal preferences of each worker in its decision. AMMA`s labour relations experts are at the forefront of negotiating employment contracts on behalf of the Australian raw materials industry. Contact your on-site WMA office for advice and information on employment contracts for your employees. Commissioner Bull also pointed out that the provisions for hiring workers in enterprise agreements were limited. Section 193 of the FW Act states that the enterprise agreement should be better placed overall for the adoption of the BOOT, if “every dependent worker and each potential mark-up covers the worker.”