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The Fair Work Commission isn't required to obtain an employer's consent before amending an enterprise agreement that it believes doesn't pass the better-off-overall test, a full bench has affirmed.

The Commission is required to seek relevant parties' views on the proposed change, but none of them can "veto" its approval of an agreement with an amendment, the bench said, in rejecting the employer's appeals.

In October last year, Deputy President Tony Slevin found three enterprise agreement applications by Aldi failed the better-off-overall test (BOOT), primarily due to the unpredictability they created for warehousing employees' working hours.

He expressed an intention to change the agreements, using section 191A of the Fair Work Act (introduced as part of the 2022 Secure Jobs amendments), and sought the parties' views...