20. Dezember 2020
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. 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. If we refer to a site, the green meadow refers to a site of a company where there has been no building to date, or to a company operating in a market in which it has so far had little or no previous activity. With respect to extending the maximum nominal period, we estimate that members could reach a period of 6 to 8 years. This reform would not necessarily allow project life agreements, but would cover the duration of a draft of certain green grassland agreements (particularly if the maximum nominal duration is raised to the eight-year mark). The threat of trade union action, which can lead to significant delays and increased project costs, gives workers and their representatives considerable leverage to change working conditions and increase wage rates.
This power imbalance and considerable uncertainty are seen by many as a deterrent to investing in Australian projects. Investors need only look at Chevron`s Gorgon project in Western Australia to see how the expiring Greenfields agreements can put an end to a project. That`s something we said, we`ll think about it, let`s take a look at what they`ll come back. TBG has entered into an agreement with the AWU and AMWU of Greenfields for a new project or undertaking (the AMC project). 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 solution seems simple – extend the nominal expiration date of a Greenfields agreement by four years to the duration of a major project (i.e. „project life agreements“). This is the solution that both industries have pursued in the federal government over the past 18 months, and the opposition has thought beforehand. But will the members of the working group recommend this amendment? 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. Late last year, the federal government announced its intention to introduce project life agreements as part of legislative reform. She made contributions from the municipality to its discussion paper „Attracting important infrastructure, resource and energy projects to increase employment – agreements on project life in green grasslands“ (discussion paper). Of course, we assume that the Working Group on the Green Field Agreement, during its discussions, has discussed other possible reforms.