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The Hockey "Fairness Test" effetively returned Australian Workplaces to 1948 when penalty rates were first introduced to prevent employers from employing workers at night time, Saturday afternoons, Sundays and public holidays. In those days there was no hospitality industry, trucks only drove in daytime Monday to Friday and effective capital utilization was a concept that hadn't even been thought of.
Today we live in a 24 hour, 7day a week, 52 week a year world, under rules which were invented to prevent that happening.
The "Fairness Test" is soon to be replaced by a "No disadvantage test" as an interim measure by the Labor Government. What ever it is, it will be an improvement on the Hockey "Fairness Test", but if you have AWAs that are failing this test, and any AWA worth having, will have failed, you need professional help to adjust your workplace arrangements so these new industrial instruments won't disrupt your workplace.
Employers face huge credibility shocks with your workforce discovering that under due "Fairness Test rules" they have all been "ripped off" with pre-fairness test AWAs which everyone was happy with at the time.
Many employers will find it preferable to void their "Fairness Tested AWAs". Contact us to talk about the options.