The Capalaba Sports Club provides an example of how an employer can apply the existing Better Off Over-all Test to one set of circumstances for the purpose of passing the test and then apply the resulting agreement to a completely different set of circumstances.
This problem with the application of agreement that was developed and agreed to in another jurisdiction and then misapplied to employees at the Capalaba Sports Club south-east of Brisbane. The Club has contracted out its hospitality function to a labour hire company, Hospitality X, that used its own non-union agreement that was made with employees in another state.
The net result of the agreement would have been a loss of in the order of $200 per week for at least one of the employees who has had the courage to expose this travesty. This employee then had her employment terminated for refusing to accept the agreement that would provide such an obvious disadvantage.