Running a small business is like juggling flaming swords
while riding a unicycle. Add the Fair Work Commission's better off
overall test—affectionately known as the BOOT—to the mix, and you've got a
whole circus act! Fear not, fellow business owner; we're here to make sense of
this with a sprinkle of humour and a lot less legalese.
What the Heck is the BOOT?
No, it's not the steel-toed kind you wear to work (though it
might feel like one hits you when you dive into legal compliance). The BOOT is
a Fair Work Commission test that checks if your enterprise agreement gives
employees a better overall deal than the usual modern award. Think of it as
comparing apples to apples—except these apples come with HR policies, penalty
rates, and leave entitlements.
How Does BOOT Work?
Imagine your agreement is a quirky recipe. The Fair Work
Commission inspects it to ensure the "ingredients" are more
beneficial than those in the standard "modern award stew." If the
recipe's better overall, you've got yourself a winner. If not, it's back to the
kitchen for you.
Here's the kicker: it's not a line-by-line taste test. It's
a holistic "Does this overall taste better?" judgment. So, if your
agreement says, "Fewer cherries, but more chocolate chips," and it
turns out employees love chocolate, you're in the clear!
Can You Lose BOOT-y Points?
Sure! If your agreement removes too many cherries (e.g.,
cutting Sunday penalty rates) and adds something less appealing (like
sultanas in cookies—why?), you might fail the test. But hey, as long as
the chocolate offsets the sultanas, you're still good!
When Does the BOOT Come Into Play?
The BOOT is applied at "test time," which sounds
like an ominous school exam. In reality, it's just the moment you lodge your
agreement with the Fair Work Commission. So, no sweaty palms required—unless
you forgot to double-check the terms.
Flexibility? Not Today!
Oh, and don't even think about sneaking in those individual
flexibility arrangements. The BOOT doesn't care about side deals between
employees and employers. They're like the garnish on a dish—nice but irrelevant
for this test.
BOOT Takeaway for Business Owners
Passing the BOOT is like scoring a gold star for your
agreement. Employees get a sweet deal, and you get peace of mind knowing you're
compliant. Just remember: it's not about being perfect in every way. It's about
making sure your agreement leaves employees better off overall.
Think "dessert buffet," not "one dry biscuit."
So, whether you're drafting your first enterprise agreement
or revising an old one, keep the BOOT in mind—and maybe have some chocolate on
hand for negotiations. You've got this!
Off course I have some software tricks top assist with this so get in touch if you need some help.
