Fair Work Commission Greenfields Agreement

The Commission found that, although an employer may take preparatory measures to ensure the success of the new business, including the identification and even securing of sources of work, when a person is employed in any capacity by the employer and it is known that the worker will be necessary to the usual behaviour of the new company and will fall under the agreement. the employer cannot enter into a Greenfields agreement. A « Green Fields » agreement is an enterprise agreement for a genuine new business (including a new business, a new business, project or new business) entered into at a time when the employer or employer is not yet employing the people necessary for the normal business behaviour and who are covered by the agreement. [1] CPB stated that its new employees would carry out a defined subset of general construction and water industry work involving awards on Victorian projects, rather than relying primarily on third-party contractors. It stated that the agreement would therefore cover a real new company, despite the company`s participation in a similar construction and hydraulic construction activity. The CFMEU, RTBU and AMWU also challenged the application for leave on the grounds that the agreement could not be a « Green Fields » agreement, since employers have workers necessary for normal business behaviour and are covered by the agreement. NUW approached full bench of the Commission on the grounds that the Commission had erred in finding that the agreement was an agreement of Greenfields, since the agreement did not meet the legal criteria. NUW submitted that the distribution centres, which were to be covered by the agreement, were already performing distribution functions prior to the agreement and that the people employed by HP Distribution were already working as store people at that time. After hearing new evidence and observations from NUW and other evidence from the other parties (including the finding that the staff working on the site were casual workers who should not be covered by the agreement and that one of the distribution centres was only prepared for future work), Full Bench confirmed the Commission`s original decision. The Commission found that the size and complexity of some bids required bidders to make significant commitments in terms of time, money, staff and other means to bid. On this basis, the Commission was convinced that the joint ventures were creating or proposing a real new business and that the agreement related to this real new venture. Registered contracts apply until they are terminated or replaced. As the joint venture partners were announced as preferred bidders and confirmed as winners, they attempted to negotiate and enter into agreements with Greenfields to cover the work for which they had been mandated.

During the proposed green grassland agreements, planning, geological testing, service transfers and other work were carried out by partner joint ventures and several of its subcontractors. If we refer to a site, the green meadow refers to a site of a company where there has been no building to date, or to a company operating in a market in which it has so far had little or no previous activity. TBG has entered into an agreement with the AWU and AMWU of Greenfields for a new project or undertaking (the AMC project).