“The BATEAU requires that every existing and future employee, covered by the price, be better placed as part of the agreement overall,” the FWC said. “If such an employee does not get better overall, the agreement does not go through the BOOT.” In the meantime, ALDI and the other parties to the agreement have held further discussions and ALDI has made a number of commitments to answer the remaining questions in order to have the agreement finally approved. These companies covered a wide range of issues, with such a company pledging not to hire casual workers for the duration of the agreement. Indeed, so many additional commitments were made that one of the parties, the SDA, stated that the level of obligations did not permit the cancellation of the agreement, since it was significantly less than the number of workers initially chosen. The Fair Work Commission`s decision to halt two enterprise agreements it has submitted by supermarket giant Aldi and lay off three other employers has given a firm focus on how the “best overall test” applies to agreements that remove bargaining conditions for “charged” base rates. Despite the difficulties that may arise when approving an agreement with charged rates, it is possible to approve such an agreement, as demonstrated recently by the recent decision of the Fair Labour Commission to definitively approve the ALDI Prestons 2017 agreement and the 2017 ALDI Stapylton agreement.  In essence, the Commission`s evidence that a loaded speed will pass through the BATEAU requires a detailed assessment and comparison to determine whether an employee is doing better with a load rate than with a modern premium based on a number of possible and probable service tables in the agreement. The Fair Labour Commission recently adopted an important decision on the approval of two enterprise agreements for ALDI subsidiaries containing “charged tariffs” after being the only five-year agreements not denounced in last year`s remarkable Loaded Rates Agreement.  Employers who enter into agreements with charged rates of pay must ensure that the rates are high enough to compensate workers for the premium rights that workers apply. In particular, if the offending rates compensate for sanctions or requests for overtime, employers should be prepared to provide the Commission with evidence and possibly commitments to address the Commission`s concerns.