An enterprise agreement is an agreement on the authorized issues: the Commission has found that, although an employer can take preparatory measures to ensure the success of the new enterprise, 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 that he is covered by the agreement. the employer cannot enter into a Greenfields agreement. TBG has entered into an agreement with the AWU and AMWU of Greenfields for a new project or undertaking (the AMC project). The Fair Work Commission can then help some low-paid workers and their employers negotiate an agreement on several companies and make a decision in certain circumstances. This has a number of benefits for the employer. One of the main advantages is that an agreement in the green grasslands does not require the agreement of workers whose employment is subject to the agreement. In principle, there are no collaborators to negotiate with. Another important advantage is that an agreement in the green grasslands offers an employer the opportunity to eliminate unions that are less desirable than parties, and thus to be effectively present in the new enterprise before employing workers. An employer issuing a Greenfields agreement must notify in writing any workers` organization that is a bargaining representative for the proposed agreement. This communication must include the beginning of the six-month negotiation period for the 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.  Each enterprise agreement must include a concept of flexibility with individual modalities of flexibility. Organizations that are negotiators (employers, employers` organizations and trade unions) for a proposed enterprise agreement must disclose certain financial benefits that they (or certain related parties) may obtain (or could obtain) because of the length of the proposed agreement.
A union in question refers to a union authorized to represent the industrial interests of one or more workers covered by the agreement and the work to be done under the agreement.  The Court was satisfied that the company established in the distribution centre, activity, project or business 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. If the parties fail to agree on the terms of a proposed enterprise agreement, a representative of the negotiations may ask the Commission for assistance in fair work. 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. 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. The Fair Work Act 2009 provides a simple, flexible and fair framework that helps employers and workers negotiate in good faith to enter into an enterprise agreement.