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. The Court was satisfied that the company established in the distribution centre, its activity, the project or the business was really new and that it was 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. The notified negotiating period is the six-month period in which parties to a proposed agreement must negotiate a company that is a Greenfields agreement. An employer or two or more employers who are employers with only one interest may enter into an agreement with one or more unions concerned on the green fields of a company if: Woolworths Group Ltd. has established a subsidiary (HP Distribution) to market goods for three of its main business units from a distribution centre in a manner that had 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`. 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] The Court of Justice upheld the Commission`s decision to approve the enterprise agreement as a 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. When work begins beyond the preparatory work when the real new company is created before the request for agreement on the same surface is submitted to the Fair Labour Commission, the Commission cannot be persuaded that the employer is creating or proposing a genuine new business.
[2] If a proposed agreement on a single company is a green-fields agreement, an employer who is the bargaining representative of the agreement can terminate in writing: in October 2013, prior to the Green Prairie Agreement, a number of people received letters from TBG containing a job offer in the AMC project. Between November 18 and 25, 2013, 6 of these individuals took a job at TBG at another site. On December 5, 2013, all six employees began work on the AMC project after the Greenfields agreement. TBG has entered into an agreement with the AWU and AMWU of Greenfields for a new project or undertaking (the AMC project). 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.