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The Fair Work Commission's decision to unilaterally amend three enterprise agreements before approving them highlights problems with the bargaining regime and with the restrictive part-time employment rules in many modern awards, employer representatives say.

In October last year, Deputy President Tony Slevin found Aldi's three proposed warehousing agreements failed the BOOT, because their part-time employment arrangements lacked certainty. The unpredictable nature of their work meant affected workers wouldn't be better off overall under the EAs than if they were covered by the Storage Services and Wholesale Award, he said.

He expressed an intention to change the agreements, under what would be the first use of the Commission's power to amend a deal under section 191A of the Fair Work Act, which was introduced as part of the 2022 Secure Jobs, Better Pay amendments.

Aldi unsuccessfully applied to stay that decision, and earlier this month, after allowing the ACTU to intervene in the proceedings regarding the construction of s191A, Deputy President Slevin approved the EAs with his amendments...