(1) The commission must be satisfied the proposed bargaining instrument—(a) includes a provision requiring an employer to consult employees before making a decision likely to be of particular significance to the employees; and(b) states a nominal expiry date that is—(i) for a project agreement—the day the project ends; or(ii) otherwise—no later than 4 years after the day the instrument will come into operation; and(c) includes or is accompanied by—(i) the information required under section 250 ; and(ii) any other information prescribed by regulation.
(2) For subsection (1) (a) , the provision must state a consultation process to be followed that enables the employer to properly consider the views of employees and relevant employee organisations before making or implementing a final decision.