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.  The 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 challenge for the CFMEU was that John Holland and Abigroup, as a joint venture, could not complete the review of S.172 (3) (b) (i) in the absence of a genuine new business that employers had created or proposed to create. The CFMEU submitted that the joint ventures would only create a real new business if their offer was successful. 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. Woolworths Group Ltd. has established a subsidiary (HP Distribution) to market products for three of its core businesses from a distribution centre in a manner that has never been done before. Before employing staff to work on the site, HP Distribution entered into an enterprise agreement with the SDA.
The Commission approved the agreement at first instance in the form of a `greenfields agreement`. Last week, Vita said it had entered into a revised Master Licensing Agreement with Telstra, which would increase salary reductions to 110 in exchange for an increase in the number of branches Vita can operate. An employer or two or more employers who are employers with only one interest may enter into an agreement on the green fields of a company with one or more unions concerned if: if a proposed agreement on a single company is an agreement on green grassland, an employer who is a bargaining representative for the agreement, in writing, the Court of Justice was satisfied that the company was satisfied that the company , the activity, project or business established in the distribution centre was truly new and different from an existing business. The criteria of Act S 172, paragraph 2, point b) of the Fair Labour Act provided that a holding company (Woolworths) could carry out significant preliminary work for the creation or proposal of a genuine new business, carried out by a subsidiary created shortly before a Greenfields agreement with a competent union. An application for approval of an enterprise agreement known as Abigroup, John Holland and the Australian Workers` Union – Regional Rail Link Footscray to Sunshine Project Agreement 2011-2015 has been submitted.