Mining and Energy Union (301V) v AGL Macquarie Pty Ltd Trading AS AGL Macquarie
Citation: [2026] FWC 2912
At a glance
- Employees affected
- 4
What happened
The Mining and Energy Union (MEU) represents four employees—Peter Ellerington, Michael Macleay, Stephen Tomlinson, and Stephen Marskell—who transferred from the Liddell power station to the Bayswater power station in 2023. These employees previously held Senior Plant Controller (SPC) roles at Liddell. Following the transfer, they were placed into lower-graded roles like Plant Controllers or Assistant Plant Controllers while retaining their SPC pay rate. AGL subsequently announced vacancies for SPC positions and required these transferred employees to reapply. None of the four MEU members were selected for the new SPC roles. The dispute relates to clause 42 of the AGL Macquarie Enterprise Agreement, which promised impacted Liddell employees would maintain their classification and rate of pay upon transfer.
What was decided
The Fair Work Commission (FWC) considered a dispute referred by the MEU regarding whether AGL was entitled to demote transferred SPCs to lower-graded roles. The FWC found that while AGL complied with maintaining the employees’ classification and pay rate, the interpretation of clause 42 of the Enterprise Agreement remained unresolved. The Commission did not arbitrate the dispute as posed by the MEU but noted the grievances of the employees were meritorious. It acknowledged previous assurances about SPC roles and the lack of training provided. A draft determination was proposed.
What it means for employers
Employers should carefully review enterprise agreements, particularly clauses related to employee transfers and commitments made during negotiations. Public commitments regarding job security or role maintenance can create expectations that must be honoured. Employers need to ensure clear communication about changes in roles and responsibilities following a transfer, and consider the impact on employees’ career progression.
What it means for employees
Employees should understand their rights under enterprise agreements and seek clarification from employers if there is uncertainty regarding job duties or classifications after a workplace transition. Unions can play an important role in advocating for employee interests during negotiations and dispute resolution processes.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →