Michaelia Cash (WA, Liberal Party, Shadow Minister for Employment and Workplace Relations) Share this | Hansard source

You have confirmed that for the employers, the employees and the unions in Australia the matter is being left to the Fair Work Commission, and the government is not providing any further guidance to the Fair Work Commission, the employers, the employees or the employee representatives as to what the government means by marginal improvement, because, again, this document will be utilised by way of statutory interpretation.

Is the intention of the government for the Fair Work Commission to apply a global assessment when determining whether the terms in an enterprise agreement are more than a marginal improvement, given we don't appear to have any further guidance, on those terms set out in the relevant award—that is, consider all of the terms of the agreement as a whole, rather than a line by line assessment, which is the approach that the Fair Work Commission has taken when assessing compliance with the better off overall test?