Marise Payne (NSW, Liberal Party, Minister for Foreign Affairs) Share this | Hansard source

It's very clear to us, it's very clear to Australians who hear the mantra of those opposite, that there are a number of false claims being made about the proposed changes to the better off overall test, the BOOT, under the enterprise bargaining framework. For example, the claim that we are removing the BOOT—that's not correct. The industrial relations reform bill does not remove the better off overall test. It continues to apply to each individual employee, current and prospective, to ensure that they are left better off overall under an enterprise agreement, compared to the relevant modern award. Are we allowing each employer to now ignore the better off overall test? No, we are not. One of the proposed changes builds upon the existing public interest exception in the Fair Work Act, which was of course introduced by Labor.

These changes are a temporary measure that allow the Fair Work Commission to approve some agreements that don't pass the BOOT in limited circumstances, to support workplaces that have been negatively impacted by COVID-19—and where their employees and representatives agree to do so. (Time expired)