How to lodge a greenfields enterprise agreement in the FWC
A greenfields agreement is an enterprise agreement for a new enterprise (a genuinely new business, activity, project, or undertaking) that is made between one or more employers and one or more relevant unions — before any employees are hired. It is lodged with the Fair Work Commission under Part 2-4 of the Fair Work Act 2009 (Cth) using Form F20 within 14 days of being made.
The framework
Greenfields agreements are governed by Part 2-4 of the Fair Work Act 2009 (Cth), particularly sections 172(2)(b), 182(3), 187, and 188. The Fair Work Commission approves under Division 4 of Part 2-4. Recent amendments introduced a 6-month negotiation window under section 182(4).
The process
Confirm the enterprise is genuinely new
Section 172(4) requires the enterprise to be "genuinely new" — a new business, activity, project, or undertaking that will employ people covered by the agreement. Expanding an existing site rarely qualifies.
Identify the relevant employee organisations
The employer must bargain with each union that is entitled to represent the industrial interests of a majority of the proposed employees in relation to the work under section 172(2)(b).
Issue a notice of intention to bargain
Provide written notice to each union. Good practice is to set a bargaining timetable, scope, and project-specific industrial issues (roster patterns, accommodation, remote work allowances).
Negotiate and draft the agreement
Cover standard NES, wages, allowances, rosters, and dispute resolution. Must pass the Better Off Overall Test (BOOT) in section 193 against the relevant modern award(s).
Ensure content requirements are met
Section 172 requires terms about dispute settlement, individual flexibility, consultation, and nominal expiry (maximum 4 years). Section 194 lists unlawful terms to avoid.
Agree and sign the agreement
The employer and each union sign the agreement. Section 182(3) treats the agreement as "made" when all parties sign. If negotiations stall past 6 months, section 182(4) allows the employer to declare agreement and apply.
Lodge Form F20 within 14 days
Under section 185, lodge Form F20 (greenfields) with the Fair Work Commission within 14 days of the agreement being made. Attach the signed agreement, signatures, and a Form F21 declaration.
FWC approval assessment
The Commission must be satisfied the agreement meets the requirements in section 187 — genuine greenfields, relevant unions, BOOT, lawful terms, nominal expiry, and appropriate cover of prospective employees.
Undertakings if needed
The FWC may accept written undertakings under section 190 to address concerns (for example, BOOT shortfalls). Undertakings become part of the agreement.
Approval and operation
Once approved and a decision issued, the agreement commences on the date specified (usually 7 days after approval). It applies to all employees performing work in the new enterprise until its nominal expiry.
Forms and templates
Common mistakes
- Missing the 14-day lodgement deadline under section 185
- Bargaining with only some of the "relevant unions" under section 172(2)(b)
- Drafting terms that fail the BOOT against the underpinning modern award(s)
- Including unlawful terms contrary to section 194
- Using greenfields for work that is not genuinely new
Get this process right with Quillio
Quillio can help draft the agreement, map BOOT against the relevant modern award, and prepare the Form F21 declaration. See /practice-areas/employment-law or start a free trial.
This guide is general information, not legal advice. Enterprise bargaining is technical — engage an industrial relations lawyer with FWC approval experience.
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