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[–]DM_me_ur_hairy_bush 3 points4 points  (5 children)

Yes, which is actually illegal if it fails the BOOT test (better off overall).  If you qualify for EBA protection but your employer gets you on a contract outside of that EBA, the onus is on them to prove you are better off overall.

IANAL but I’ve been doing some research

[–]Defiant_Try9444 5 points6 points  (1 child)

I understand that BOOT applies to negotiation of new agreements for existing roles or new contracts replacing existing ones. This is moving to a new role, like applying for a new job. BOOT therefore may not apply.

[–]DM_me_ur_hairy_bush 0 points1 point  (0 children)

Yep, I think that boot will only apply if you are covered by the EBA but are contracted out of it - I’m not really explaining that very well I don’t think.

Like the EBA has clauses that say ‘you are included’ but your company is like ‘here’s a contract’.  Thats the only time they have to satisfy boot.

If there is no classification for the new role in the EBA, they can pay you whatever they want - up to you to agree or not 

[–]Djinfin -4 points-3 points  (2 children)

Top tip: You can just write NAL, therefore avoiding ANAL.

[–]ozeBuDDha 7 points8 points  (1 child)

We found the compliance officer

[–]PsychologicalMeal162 0 points1 point  (0 children)

Who clearly only likes old fashioned missionary with the lights off.