This article examines the operation of the 'no disadvantage test' (NDT) as it applies to the approval or certification of certain forms of agreements under the Workplace Relations Act 1996 (Cwlth). The purpose is to make an assessment of the effectiveness of the test in meeting the supposed...

This article argues that the interaction between Australian Workplace Agreements and external regulatory instruments (including the contract of employment, awards and company policies) creates significant complexity and uncertainty in the legal regulation of the employment relationship. It...