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`. Usefully, the Vice-President highlighted the following examples of acceptable and unacceptable preparatory actions that can be taken prior to the Greenfields agreement: an application for an enterprise agreement known as Abigroup, John Holland and the Australian Union of Workers – Regional Rail Link Footscray to Project Sunshine Agreement 2011-2015 has been filed. The CFMEU, RTBU and AMWU have written to the Commission to intervene in this matter. The agreement was reached at a time when John Holland and Abigroup had launched a tender to work on the Regional Rail Link Project. The offer had not yet been granted at the time of the contract. An employer must enter into an agreement in the green prairies with one or more unions that, as a group, are empowered to represent the industrial interests of the majority of workers working under the contract. The agreement must concern a new and non-existent company. This does not mean that the business must be completely different from the employer`s existing business; It could be similar. On the contrary, it should not be a business previously carried out by the employer or an extension of an existing business. The explanatory statement provides some useful examples: an employer or two or more employers who are employers with a single interest rate can enter into an agreement on the green areas of a company at the enterprise level with one or more unions concerned if: the CFMEU, RTBU and AMWU also challenged the application for leave on the grounds that the agreement could not be an agreement in the green grasslands because employers have workers needed to normal corporate behaviour and those of the agreement.
The Vice-President, Mr. Gostencnik, refused to approve the agreement, given that the six employees had indeed been employed for the normal behaviour of the new company and that this employment had begun before the agreement. On 9 November 2018, after the expiry of the second six-month negotiation period and the non-agreement with the relevant trade unions, the joint venture asked the FWC for approval of the tunnel construction contract and the civil surface works agreement.