All Trades Queensland Pty Limited

All Trades Queensland Pty Limited, the applicant, sought approval of the All Trades Queensland Pty Ltd Apprentice / Trainee Enterprise Agreement 2015. The Fair Work Commission was required to determine if the agreement met the Better Off Overall Test (BOOT). The dispute focused on whether the underpinning industrial instruments for the purposes of the BOOT should be the Modern Awards or the continuation of the National Apprentice and Traineeship Agreements (NAPSAs).

The central legal issue was the identification of the correct underpinning industrial instruments for assessing the BOOT. The applicant argued that the NAPSAs should be considered as the underpinning instruments, while the Fair Work Ombudsman contended that the Modern Awards should apply. The Commission had to decide whether the Modern Awards or the NAPSAs were the appropriate benchmarks for evaluating the agreement's compliance with the BOOT.

The Fair Work Commission found that the Modern Awards were the correct underpinning instruments for the BOOT. The Commission reasoned that the Modern Awards were the current regulatory framework for minimum employment conditions and superseded the NAPSAs. The applicant's agreement provided better outcomes for apprentices and trainees compared to the Modern Awards, satisfying the BOOT. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the All Trades Queensland Pty Ltd Apprentice / Trainee Enterprise Agreement 2015. The decision underscored the importance of using the correct underpinning industrial instruments for the BOOT, highlighting the Modern Awards as the appropriate benchmarks in this case.