Catchwords:

INDUSTRIAL LAW – enterprise agreements – greenfields agreements – Fair Work Commission approved greenfields agreement between respondents and Transport Workers’ Union – rival union appealed approval decision – Fair Work Commission Full Bench upheld approval – application for review of both Fair Work Commission decisions – whether Fair Work Commission had jurisdiction to approve proposed greenfields agreement – meaning of “genuine new enterprise” – whether respondents’ business “genuine new enterprise” – respondents’ enterprise not a “genuine new” enterprise – Fair Work Commission therefore lacked jurisdiction to approve agreement – appropriateness of prerogative relief – relief granted