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

I will come back to this section, but I now have some comments and questions in relation to the common-interest test. I understand that's section 243. I have been inundated with questions from employers all over the country in relation to the common-interest test. This is something they have asked me to address in detail so they can start to get a much better understanding of whether or not they could or could not be compelled to bargain when they do not wish to. So the first question I ask is this. The section 'common interests', which is used in various positions throughout part 21 of the act, lists three conditions for identifying a potential common interest:

(a) geographical location;

(b) regulatory regime;

(c) the nature of the enterprises … and the terms and conditions of employment in those enterprises.

Can you confirm that to satisfy the common interest test all three factors do not need to be satisfied?