See Fair Work Act 2009 ss.172(4), 178B
A greenfields agreement is an enterprise agreement relating to a genuine new enterprise (including a new business, activity, project or undertaking) which is made at a time when the employer or employers have not yet employed any of the persons who will be necessary for the normal conduct of the enterprise and who will be covered by the agreement.
When referring to a location, greenfields relates to a location for a business where there has not previously been any building, or relating to any enterprise which is becoming active in a market where there has been little or no previous activity.
If work beyond preparatory work, in establishing the genuine new enterprise, commences before the application for a greenfields agreement is made to the Fair Work Commission, the Commission may not be satisfied that the employer was establishing or proposing to establish a genuine new enterprise.
An employer, or 2 or more employers that are single interest employers, may make a single-enterprise greenfields agreement with 1 or more relevant unions if:
If a proposed single-enterprise agreement is a greenfields agreement, an employer that is a bargaining representative for the agreement may give written notice:
The specified day must be later than:
If 2 or more employers are bargaining representatives for the agreement, the notice has no effect unless the other employer or employers agree to the giving of the notice.
The notified negotiation period is the 6 month period within which the parties to a proposed single‑enterprise agreement that is a greenfields agreement have to bargain.
If the parties cannot come to an agreement at the end of the notified negotiation period then the employer may apply to the Commission to approve the agreement.
Two or more employers that are not all single interest employers may make a multi-enterprise greenfields agreement with 1 or more relevant unions if:
The expression genuine new enterprise includes a genuine new business, activity, project or undertaking.
A relevant union means a union that is entitled to represent the industrial interests of one or more of the employees who will be covered by the agreement, in relation to work to be performed under the agreement.
Before approving a greenfields agreement, the Commission must be satisfied that:
See Fair Work Act s.255(A)
If a proposed single-enterprise agreement is a greenfields agreement and there has been a notified negotiation period for the agreement which has ended:
Note: The provision relating to bargaining orders has effect despite anything in section 232 (which deals with the operation of bargaining orders).