Important changes to Enterprise Bargaining

7 June 2023

Arising from the "Secure Jobs Better Pay" legislation, new enterprise bargaining and agreement making provisions for employers falling under the Federal system commenced on 6 June 2023.

The changes include: 

  • Changes to the Better off overall test (BOOT). The Commission must make a global assessment considering more and less beneficial terms as well as patterns of work to determine whether any reasonably foreseeable employee is better off under the Enterprise Agreement than if the Modern Award applied.
  • A Statement of Principles on Genuine Agreement published by the Commission.
  • Changes to multi-Enterprise Agreements, most importantly, a new single interest multi-employer Enterprise Agreement bargaining stream.

For more information, visit the Fair Work Commission’s website or contact ECA Legal.

Disclaimer: This summary is a guide only and is not legal advice. For further information, call ECA Legal on (08) 6241 6129 or email