ENTERPRISE AGREEMENTS – better off overall test – ss.185, 193 Fair Work Act 2009 – application for approval of All Trades Queensland P/L Apprentice/Trainee Enterprise Agreement (the agreement) – contest regarding relevant industrial instruments against which to apply the better off overall test (BOOT) – applicant submitted agreement should be assessed against a range of Queensland State Awards and Apprentice Orders (the State Awards) – respondent submitted the State Awards were displaced by a range of Modern Awards, and that the Modern Awards were the correct instruments for the purposes of the BOOT – while Commission satisfied that the State Awards, as award-based transitional instruments (ABTIs), covered the relevant employees immediately before 1 January 2010, no legislative provisions specify that the ABTIs continue to cover employees in lieu of Modern Awards, and nothing to suggest that Modern Awards do not cover employees where an ABTI continues to cover employees – Commission satisfied that both the State Awards and Modern Awards covered the applicant from 1 January 2010 – however, Commission also satisfied that ABTIs sunsetted on 1 January 2014 – Commission satisfied BOOT should be applied against relevant Modern Awards. All Trades Queensland P/L Apprentice/Trainee Enterprise Agreement 2015
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