Workers who may participate in the vote on a proposed enterprise agreement must be as follows: Parliament`s intention to use the term “employee at the time of the agreement under the agreement” was to ensure that the employer could only enter into an agreement with the workers mentioned or described in the agreement and that the agreement purported to cover. [2] This is due to the fact that, by definition, a Greenfields agreement refers to a real new business in which the employer or employer has not yet employed persons necessary for the normal conduct of the business. [9] The majority of the Supreme Court of the National Industry of Eternal Education (Swinburne University of Technology)[4] (Swinburne) found that only workers employed at the time of the employer`s request for a vote on a proposed enterprise agreement have the right to vote. In order to be able to choose, a casual player must be used at that time. This authorization measure is not relevant to a Greenfields agreement. The majority of the Federal Court of Justice found that only workers employed at the time of the employer`s consent to the approval of the collective agreement (voting time) have the right to vote. As a result, the contingency and meeting staff recruited during the 2013 academic year, but who were not currently engaged, did not have the right to vote. “This agreement is an important step for us as we continue to demonstrate our commitment to a sustainable future by significantly reducing our carbon footprint. This brings us closer to our goal of carbon neutral by 2025,” said Swinburne Vice-Chancellor Professor Linda Kristjanson. When it is time to choose only employees employed on that date, they can vote because the miners are NOT covered by the proposed enterprise agreement, they do not have the right to vote on this proposed enterprise agreement.

Casual workers may be subject to enterprise agreements and must therefore be included in consultation agreements. The question is how to determine which casual workers are properly involved. Section 181 of the Fair Work Act 2009 describes the group of workers who may be invited to approve an agreement as “workers employed at the time and covered by the agreement.” McDermott Australia Pty Ltd v. AWU-AMWU[7] found that casual workers who had accepted an ongoing job at McDermott to work on the construction of an offshore gas facility were employed by McDermott when they were asked to vote on the enterprise agreement, despite the fact that no work had been done at the time of the vote. [8] A mining company employs miners at various mining sites and office workers at the capital`s headquarters. The company negotiated with office staff a draft enterprise agreement covering employees. Within the National Tertiary Education Industry Union against swinburne University of Technology[1], Swinburne University requested that its “cohort” of staff vote on a draft enterprise agreement. The vote took place before the start of the 2014 academic year. The “cohort” of staff included casual and meeting employees who were engaged in the 2013 academic year but were not currently engaged and who were not yet engaged for the 2014 academic year. Swinburne University of Technology has received a $135 million grant from engineering firm Siemens for industrial software to digitize Swinburnes Factory of the Future to create Australia`s first fully submerged 4.0 industrial plant.

In 2018, Newcastle University entered into a similar contract with Snowy Hydro`s Red Energy subsidiary, which was awarded a contract for the supply of 100 per cent and the fixed supply of renewable energy.