Application by EnergyAustralia Yallourn Pty Ltd Trading AS EnergyAustralia
At a glance
- 33
What happened
EnergyAustralia Yallourn Pty Ltd (EnergyAustralia) applied to the Fair Work Commission for an order regarding the Waco Kwikform Ltd and CFMEU Yallourn Power Station & Open Cut Mine Enterprise Agreement 2025 (Waco Agreement) and the EnergyAustralia Yallourn Enterprise Agreement 2026 (EnergyAustralia Agreement). EnergyAustralia outsourced scaffolding services to Waco Kwikform Ltd, whose employees were covered by the Waco Agreement. EnergyAustralia is now insourcing the scaffolding work, transferring 33 employees from Waco to EnergyAustralia. The transferring employees currently work in electrical power roles in Yallourn. The CFMEU, representing the transferring employees, supports the application.
What was decided
The Fair Work Commission granted EnergyAustralia’s application under s.318 of the Fair Work Act 2009. The Commission found that the Waco Agreement will not cover the transferring employees when they become employed by EnergyAustralia. Instead, the EnergyAustralia Agreement will cover them. The decision was based on factors including the transferring employees’ preference for the EnergyAustralia Agreement, which offers higher weekly pay, and the economic disadvantage EnergyAustralia would incur if the Waco Agreement applied. The order will come into effect when the employees transfer to EnergyAustralia.
What it means for employers
Employers considering insourcing or transferring employees should carefully consider the impact on existing enterprise agreements. Failing to do so can lead to administrative costs and inefficiencies. It’s important to consult with employees and unions to ensure a smooth transition and avoid disadvantaging employees.
What it means for employees
Employees whose roles are transferring between employers should be aware of how their employment conditions will be affected. Unions can play a key role in advocating for employees’ interests during these transitions. In this case, the transferring employees will benefit from the terms of the EnergyAustralia Agreement.
Want this applied to your situation?
Reading the decision is free. FairWork Mate goes further — it reads the full case library and applies precedents like this one to your specific facts, citing the cases as it reasons. General information, not a guaranteed outcome or legal advice.
Send your details to Liquid Employment Lawyers
Liquid Employment Lawyers is a paid legal service and our referral partner, not free Fair Work advice. FairWork Mate may receive a referral fee from Liquid Legal. Tell them what has happened and a member of their team will call you back. For free general guidance, use our tools or call the Fair Work Ombudsman on 13 13 94.
Prefer to read first? About Liquid Employment Lawyers · Not sure if you need a lawyer? Read the legal help guides
Want more cases like this?
FairWork Mate tracks Fair Work Ombudsman, Fair Work Commission and Federal Court decisions across Australia. The AI advisor answers plain-English questions grounded on the full corpus — awards cited, industry, penalty amounts and affected employee counts — with a citation to the underlying decision on every answer.
FairWork Mate AI
This is one decision. Pro reads all of them.
Free case pages cite the top 250 decisions. Pro opens the full Fair Work Commission and Federal Court library, cross-references your own situation against it, and cites the decision behind every answer — plus document upload, so it can read your letter or contract line by line. 150 questions a month, cancel anytime.
Renews monthly at A$29.99 until you cancel. By continuing you agree to our Terms.
Get notified on new Fair Work cases
Free email alerts when we publish new underpayment decisions, penalty orders, and workplace law updates.