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Fair Work Commission – Resources for Upcoming EBA Changes


The Secure Jobs Better Pay Act significantly changes how employers and employees bargain and make agreements. On 6 June 2023, new enterprise bargaining and agreement making provisions will commence. The amendments include:

  • changes to the better off overall test (BOOT)
  • a Statement of principles on genuine agreement
  • changes to multi-enterprise agreements

On commencement of the new provisions, the Fair Work Commission will apply different tests when approving enterprise agreements. Which tests apply will depend on when you started bargaining and when the agreement was made. The Fair Work Website has published the ‘Understand the tests that apply to agreements’ tool to help you comply.