Greenfields Agreement Template for Australia

An Australian Greenfields Agreement is a specialized enterprise agreement made between an employer and relevant unions for a genuine new enterprise, before any employees are hired. This agreement, governed by the Fair Work Act 2009, establishes employment terms and conditions for future employees of the new business, project, or undertaking. It must meet the Better Off Overall Test (BOOT) and comply with National Employment Standards while providing appropriate wages and conditions for the specific industry sector. The agreement requires approval from the Fair Work Commission and typically operates for a maximum term of four years.

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What is a Greenfields Agreement?

This document template addresses the specific requirements for creating a Greenfields Agreement under Australian employment law. A Greenfields Agreement is utilized when establishing employment terms and conditions for a genuine new enterprise where no employees have yet been hired. The agreement must be negotiated with one or more relevant unions and requires approval from the Fair Work Commission before it can take effect. It includes comprehensive details about wages, working conditions, leave entitlements, dispute resolution procedures, and other employment terms that comply with the Fair Work Act 2009 and National Employment Standards. This type of agreement is particularly valuable for new projects, businesses, or undertakings where standardized employment conditions need to be established from the outset.

What sections should be included in a Greenfields Agreement?

1. Parties: Identifies the employer and the relevant union(s) who are parties to the agreement

2. Background: Establishes that this is a Greenfields Agreement for a genuine new enterprise and outlines the context

3. Definitions and Interpretation: Defines key terms used throughout the agreement and interpretation rules

4. Application and Operation: Specifies the agreement's coverage, duration, and relationship with other instruments

5. Consultation and Dispute Resolution: Procedures for workplace changes and resolving disputes

6. Types of Employment: Defines full-time, part-time, and casual employment arrangements

7. Hours of Work: Specifies ordinary hours, roster arrangements, and breaks

8. Wages and Classifications: Details pay rates, classification structure, and progression

9. Allowances and Reimbursements: Lists applicable allowances and expense reimbursement policies

10. Leave Entitlements: Covers all forms of leave including annual, personal, parental, and long service

11. Public Holidays: Treatment of public holidays and related entitlements

12. Superannuation: Superannuation arrangements and contributions

13. Termination of Employment: Notice periods and termination procedures

14. Redundancy: Redundancy process and entitlements

15. Work Health and Safety: Basic WHS obligations and procedures

16. Signing Page: Execution section for all parties

What sections are optional to include in a Greenfields Agreement?

1. Flexibility Arrangements: Individual flexibility arrangements - include if workplace-specific arrangements are needed

2. Training and Development: Include if specific training requirements or programs will be implemented

3. Union Rights and Responsibilities: Include if there are specific arrangements for union access and representation

4. Stand Down Provisions: Include if industry-specific stand down arrangements are needed

5. Remote Work Arrangements: Include if remote or hybrid working arrangements will be available

6. Performance Management: Include if specific performance review processes are required

7. Workplace Surveillance: Include if workplace monitoring or surveillance will be implemented

8. Staff Amenities: Include if specific provisions for facilities or amenities are needed

9. Tools and Equipment: Include for industries where tools/equipment provision is relevant

10. Environmental Obligations: Include if specific environmental responsibilities apply

What schedules should be included in a Greenfields Agreement?

1. Schedule 1 - Classification Definitions: Detailed descriptions of each job classification level

2. Schedule 2 - Wage Rates: Detailed wage tables including progression steps and timeframes

3. Schedule 3 - Allowances: Comprehensive list of allowances with calculation methods

4. Schedule 4 - Supported Wage System: Details of supported wage arrangements for eligible employees

5. Schedule 5 - National Training Wage: Training wage arrangements and qualification requirements

6. Appendix A - Consultation Process Flowchart: Visual representation of consultation procedures

7. Appendix B - Dispute Resolution Procedure: Detailed steps in dispute resolution process

8. Appendix C - Rostering Principles: Guidelines and principles for roster development

9. Appendix D - Health and Safety Procedures: Specific safety procedures and requirements

10. Appendix E - Forms and Templates: Standard forms referenced in the agreement

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Australia

Publisher

Genie AI

Sector

Cost

Free to use

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