On 15 November 2017 a hearing before a 5 Member Full Bench of the Fair Work Commission (FWC) took place in the Loaded Rates in Agreements Case. The case is considering issues associated with the application of the Better Off Overall Test to enterprise agreements containing loaded rates of pay. The President of the FWC invited Ai Group and other Peak Councils to intervene in the case.

Ai Group has filed a detailed submission which argues that in recent times the FWC has often adopted an overly theoretical approach when assessing enterprise agreements at the approval stage, and that a different approach needs to be taken. Ai Group’s submission proposes a set of principles drawn from relevant cases and legislative provisions, aimed at delivering a more practical enterprise agreement approval process.

At the conclusion of the hearing, the Full Bench indicated that it will consider the submissions made and issue directions relating to the next stage of the proceedings.

If you would like more information about enterprise agreements please contact Ai Group’s Workplace Advice Service on 1300 55 66 77.

Alternatively, if you would like assistance in applying the Better Off Overall Test to enterprise agreements, please contact your local employment, workplace and industrial lawyer in Sydney, Newcastle, Wollongong, Melbourne or Brisbane or email Ai Group Workplace Lawyers at info@aigroupworkplacelawyers.com.au.