In the recent decision in Applications by CPB
Contractors Pty Limited & John Holland Pty
Ltd,1 the Fair Work Commission (FWC) considered
whether greenfields agreements could be entered into for a major
Victorian infrastructure project.
The decision examines the fine line between an employer
undertaking preparatory steps in the course of establishing a new
enterprise, and conducting an established enterprise, for purposes
of eligibility to enter into greenfields agreements under the
Fair Work Act 2009 (Cth) (FW Act).
BACKGROUND
The West Gate Tunnel Project, due for completion in 2022 and
currently one of the largest infrastructure projects in Australia,
will provide Victorians with an upgraded West Gate Freeway, an
alternative to the West Gate Bridge, and overall greater access to
the Port of Melbourne (the Project).
