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Posted: 2019-01-07 07:50:16

The so-called "BOOT" test has resulted in previous Coles and Domino's agreements being torn up because they left some workers worse off than they would be under the minimum award wage. Coles negotiated a new deal while Domino's reverted to paying award conditions.

The Fair Work Commission dismissed RAFFWU's objections on Monday, finding that casual workers were compensated with a range of other benefits, including higher pay rates and longer rest breaks.

I consider that each award-covered casual employee and each prospective award-covered casual employee would as at test time, be better off overall.

Fair Work Commission deputy president Val Gostencnik

"I consider that each award-covered casual employee and each prospective award-covered casual employee would as at test time, be better off overall," FWC deputy president Val Gostencnik said.

Deputy President Gostencnik also threw out the allegations of misrepresentation.

A spokesman for Woolworths said it was pleased with the decision, and was "look[ing] forward to delivering the improved conditions and benefits our team have voted for".

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RAFFWU has a separate case seeking backpay on behalf of 100,000 workers it claims were underpaid under a previous agreement.

It is not clear if that case can go ahead after the new agreement's approval, as no workers will be covered by the 2012 EBA.

RAFFWU secretary Josh Cullinan said it was the threat of that backpay bill that forced Woolworths to rush to secure a new EBA, which he said was a positive "first step".

"The impact of the decision is that from January 14, more than $200 million a year will be returned to Woolworths workers through penalty rates, allowances and other right that have been stripped from workers for decades," he said.

Mr Cullinan said RAFFWU members would consider their next step, which could include appealing the FWC's decision.

The SDA's national secretary Gerard Dwyer said Woolworths workers would be better off in terms of their pay and working conditions.

“This is a fantastic outcome for Woolworths workers right across the country," he said.

Woolworths also thanked the SDA, the AWU and the Australasian Meat Industry Employees Union for their "constructive engagement throughout the bargaining process".

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