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.  Negotiation rounds and negotiations with trade unions failed, leading the joint venture to announce a new negotiation period for both agreements. Further attempts were made to reach an agreement, while the joint venture continued its work, including the appointment of a group of approved employment agencies and the mobilization of workers through an employment officer for a specific area of the project. Overall, it should be kept in mind that the review report supports the need for an effective and effective greenfields negotiation process, but it should be noted that, in practice, the option made available to employers by the 2015 amendments – to kick-start the six-month bargaining period – should apply to the FWC for approval of their proposed agreement – in practice. TBG has entered into an agreement with the AWU and AMWU of Greenfields for a new project or undertaking (the AMC project). More generally, the unions involved in this case argued that Greenfields` bargaining rules introduced by the 2015 amendments were merely to promote the interests of employers and that the joint venture was trying to use these changes to issue an ultimatum to unions and keep them out of the West Gate Tunnel project.  A review of these new provisions at the end of 2017 supported the maintenance of a mechanism for the settlement of long collective bargaining in the green grasslands, but recommended reducing the bargaining period from six months to three months: under the Greenfields agreement regime, each union will be seated at the bargaining table and , while this may be a shock to some, not all unions see the opposite when it comes to the agreement. This in turn can lead to demarcation conflicts between trade unions. 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.  Woolworths Group Ltd.
has established a subsidiary (HP Distribution) to market products for three of its major business units 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`. The Commission was satisfied that none of the employers employed any of the persons who would be necessary for the normal behaviour of the company and who would be covered by the agreement. The Commission distinguishes between workers who are essential to the normal behaviour of the company and existing workers who may have skills that may employ them later in the company. The agreement has been approved. 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.