Original article by David Marin-Guzman, Hannah Wootton
The Australian Financial Review – Page: 2 : 16-Apr-20
A former senior deputy president of the Fair Work Commission warns that strict application of the ‘better off overall test’ is contributing to the decline of enterprise agreements. Jonathan Hamberger, who stepped down from the FWC in late 2019, has praised the flexibility of employers and unions in negotiating changes to industry awards during the coronavirus pandemic, arguing that such flexibility is needed in the enterprise agreement system. Amongst other things, he says the better off overall test should be replaced with the ‘no disadvantage test’.
AUSTRALIA. FAIR WORK COMMISSION, ACTU