In the last few years the Fair Work Commission has ruled invalid two of the Enterprise Agreements under which Coles workers were employed. The Commission's reasons for outlawing these Agreements is that:

All of the above were reasons for the agreements being overturned

The agreements were not negotiated in "good faith"

They did not provide increases in base wage rates for all employees

Not all employees were better off under the BOOT test (Better Off Overall)

The agreements were negotiated without union involvement