What is the BOOT? Better Off Overall Test Explained

The Better Off Overall Test (BOOT) is the central requirement for approval of enterprise agreements in Australia. Administered by the Fair Work Commission, the BOOT ensures that employees covered by an enterprise agreement are not disadvantaged when compared to the relevant modern award. For employers, understanding how the BOOT operates is critical to achieving timely approval and avoiding costly delays.

This guide explains how the BOOT works, how the Fair Work Commission assesses agreements, and what recent legislative changes mean for employers in 2026.

What is the Better Off Overall Test (BOOT)?

The BOOT is a statutory test under the Fair Work Act 2009 that requires each employee covered by an enterprise agreement to be better off overall compared to the applicable modern award.

In simple terms, the BOOT ensures that employees do not lose pay or conditions under an enterprise agreement when compared to their minimum entitlements under an award.

How the BOOT is Applied

The Fair Work Commission undertakes a detailed assessment when applying the BOOT. This is not a general or averaged test—it is applied individually.

Common BOOT Failures (and How to Avoid Them)

Many enterprise agreements fail the BOOT due to avoidable issues. Understanding these risks early can significantly improve approval outcomes.

Employers can avoid these issues by conducting a thorough BOOT analysis before lodging the agreement and ensuring clear documentation of how employees are better off.

BOOT Changes Under the Closing Loopholes Legislation

The Fair Work Legislation Amendment (Closing Loopholes) Act introduced important updates to how the BOOT is applied.

These changes aim to make the test more practical and flexible, while still protecting employees.

What Happens if an Agreement Fails the BOOT?

If the Fair Work Commission determines that an agreement does not pass the BOOT, it will not be approved in its current form.

This can lead to significant delays, increased costs, and employee dissatisfaction—making compliance from the outset essential.

Tips for Employers Preparing for BOOT Assessment

Preparation is the key to passing the BOOT efficiently. Employers should take a proactive approach before lodging their agreement.

Run Your EBA Vote with Confidence

While the BOOT focuses on employee outcomes, the approval process also depends on demonstrating that the agreement was genuinely agreed to. This includes strict compliance with voting requirements under the Fair Work Act.

Vero Voting helps organisations manage enterprise agreement votes with confidence. Our secure, transparent, and auditable voting platform ensures that every step of the process aligns with Fair Work Commission expectations. From voter verification to real-time reporting, we support employers in achieving compliant outcomes without unnecessary complexity.

By combining strong BOOT preparation with a robust voting process, organisations can significantly reduce the risk of delays or rejection.

Get Expert Support Today

Navigating the BOOT and enterprise agreement approval process can be complex, particularly with ongoing legislative changes. Ensuring both compliance and efficiency requires the right tools and expertise.

If you are preparing for an enterprise agreement vote, Vero Voting can help you streamline the process and meet Fair Work requirements with confidence. Contact our team today to learn how we can support your next agreement.