What is the BOOT? Better Off Overall Test Explained

If you’re putting an enterprise agreement (EA) to a vote, the Better Off Overall Test — usually shortened to “BOOT” — is the hurdle that ultimately decides whether it gets approved.

It’s not a tick-the-box exercise. The Fair Work Commission will scrutinise the agreement in detail, and if it doesn’t pass the BOOT, it simply won’t be approved. That can mean delays, rework, or in some cases, starting again.

So it pays to understand how it actually works — not just in theory, but in practice.

What is the Better Off Overall Test (BOOT)?

At its core, the BOOT asks a straightforward question:

Would each employee be better off under the enterprise agreement than under the relevant modern award?

The requirement sits in the Fair Work Act 2009 (Cth), and is applied by the Fair Work Commission when assessing whether to approve an agreement.

“Better off overall” doesn’t mean every single clause has to be superior. It’s a holistic assessment. Higher base rates might offset less generous penalty rates, for example. But the overall position still needs to land in the employee’s favour.

And importantly — it’s not assessed in the abstract. It’s assessed against real, identifiable employees and classifications.

How the BOOT is actually applied

This is where things get more technical.

The Commission compares the proposed agreement against the relevant modern award (or awards), looking at how the agreement would operate in practice for different types of employees — not just the “average” worker.

That includes:

In effect, the BOOT is applied to each reasonably foreseeable employee scenario. If one cohort is worse off, that’s enough to create a problem.

The Commission often relies on “BOOT tables” or comparison modelling submitted by employers. If those are incomplete or overly optimistic, they’ll be challenged.

Where agreements commonly fall down

In practice, BOOT failures tend to cluster around a few recurring issues.

Penalty rates are a big one. Agreements that trade away weekend or overtime penalties in exchange for higher base pay often struggle — especially for employees who regularly work those hours.

Other common trouble spots include:

The pattern is fairly consistent: agreements fail where the modelling doesn’t reflect reality on the ground.

What changed under the Closing Loopholes reforms?

The Fair Work Legislation Amendment (Closing Loopholes) Act 2023 reshaped how the BOOT is applied — and, in some ways, made the process more flexible.

Key changes include:

In short, the test hasn’t gone away — but the Commission now has more room to work with employers to get agreements over the line where issues are fixable.

Fair Work’s summary of the legislative changes is here:

FWC – Changes to enterprise bargaining laws

What happens if an agreement fails the BOOT?

It doesn’t get approved. Simple as that.

But that doesn’t always mean the end of the road.

The Commission will usually identify the specific issues and give the employer an opportunity to respond. That might involve:

Undertakings can be effective, but they’re not a cure-all. If they’re too broad or materially change the agreement, the Commission may reject them.

Practical tips for getting through the BOOT

From experience, the agreements that sail through tend to have a few things in common.

They’re grounded in real data. Rosters, pay records, and actual working patterns — not assumptions.

They test multiple scenarios. Not just the “typical” employee, but the outliers who might be impacted differently.

And they’re clearly documented. The Commission shouldn’t have to guess how your numbers were calculated.

A few practical pointers:

And don’t overlook the voting process itself. A technically compliant agreement can still run into trouble if the vote isn’t conducted properly or can’t be evidenced later.

That’s where platforms like Vero Voting come into play — providing a clear audit trail, secure vote delivery, and reporting that stands up if the process is questioned.

Getting it right the first time

The BOOT isn’t just a legal requirement — it’s a practical test of whether your agreement genuinely improves conditions for employees.

Get the groundwork right, and approval tends to follow. Cut corners, and the Commission will find them.

If you’re preparing an enterprise agreement and want confidence that both your vote and documentation will hold up under scrutiny, it’s worth having the right systems in place from the outset. Reach out to Vero Voting to see how we can support your next EA process.

What is the BOOT? Better Off Overall Test Explained. What is the BOOT? Better Off Overall Test Explained. What is the BOOT? Better Off Overall Test Explained<