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

I've got here that revised EM, page 189, states that new subsection 250(3), which sets out when the Fair Work Commission may exercise its discretion to allow parties to continue to bargain for an enterprise-level agreement, 'would uphold and respect the ability of an employer to bargain with relevant employees in appropriate circumstances'. My question is: can the minister confirm what is meant by 'appropriate circumstances' and could you please provide some examples? If it may assist there, it commences at 1081, at the bottom of page 188: 'For the purposes of new paragraph 250(3)(b), an employer is likely to have a history of effectively bargaining et cetera'. My question is what are the 'appropriate circumstances'?