Application by AGL Energy Limited
Citation: [2026] FWCA 1650
What happened
AGL Energy Limited applied to the Fair Work Commission for approval of the AGL Newcastle Gas Storage Facility Enterprise Agreement 2026. The Australian Workers’ Union (AWU) was a bargaining representative. Concerns arose regarding clause 4.5, which dealt with the minimum engagement of casual employees. AGL proposed an undertaking to address this concern and the AWU did not object. An application was also made under section 218A to correct errors in Table E – Notice Payment.
What was decided
The Fair Work Commission approved the AGL Newcastle Gas Storage Facility Enterprise Agreement 2026, effective from July 6, 2026, and expiring May 31, 2029. The Commission accepted an undertaking from AGL regarding casual employee engagement. Table E – Notice Payment was corrected under section 218A of the Fair Work Act. This correction is now part of the agreement.
What it means for employers
Employers should carefully review enterprise agreements to ensure clauses are clear and do not inadvertently disadvantage employees, particularly in relation to casual employment terms. Addressing concerns raised by unions and seeking undertakings can help secure approval for agreements.
What it means for employees
Employees covered by the agreement benefit from the approved terms and conditions of employment. The corrected Table E – Notice Payment ensures accuracy in notice payment rates. The undertaking regarding casual employee engagement provides additional clarity on their working arrangements.
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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