What is the difference between the old No Disadvantage Test (NDT) and the Better off Overall Test (BOOT)?
The two tests are very similar. Both are used to compare a proposed set of terms and conditions against a set of minimum conditions in an award. However there is one difference. The NDT ensures that employees are not disadvantaged compared with the relevant award. On the other hand the BOOT specifies that the employee must be “better off overall”. This suggests that the outcome can’t be neutral or equivalent as the employee must be “better off overall”.