The employer argued the Commission couldn't dictate the mine site
A mining worker unfairly dismissed from a Queensland coal mine won reinstatement to his exact role and site.
The Fair Work Commission ordered the worker's employer, OS MCAP Pty Ltd, to reinstate him to his position as Operator Production at Goonyella Riverside Mine, effective September 21, 2026.
The reinstatement order, handed down on September 11, followed an earlier decision on June 1 ([2026] FWC 2003) that found the worker had been unfairly dismissed. That first ruling determined reinstatement was the right remedy but left three questions for a further hearing: the specific position, the work location, and the start date.
The worker sought reinstatement to his pre-dismissal role at Goonyella Riverside Mine. His employer did not oppose him returning to the Operator Production position but argued the Commission did not have the power to specify which mine site he would work at.
The Commission rejected that argument. Under section 391 of the Fair Work Act 2009, a reinstatement order must reappoint a worker to the position they held immediately before dismissal. The worker held the Operator Production role at Goonyella Riverside Mine - so that was where he would go back. "The word 'reappoint' has work to do and that is to put Mr Brazier in the same position," the decision states.
The Commission also noted the employer could still consult with the worker under his enterprise agreement if it wanted to move him to a different site in the future.
A remedy hearing was initially listed for August 26, 2026, but the worker did not attend despite receiving notice. The matter was relisted and heard in person in Brisbane on September 2.
The employer has sought leave to appeal the underlying unfair dismissal finding. A separate decision on lost pay is expected shortly.
For HR teams managing multi-site workforces - particularly in mining and resources - the decision is a practical reminder. Reinstatement under the Fair Work Act means the same position at the same location, not just the same job title parked at a different site. Employers wanting to move a reinstated worker elsewhere would need to follow the consultation process set out in the relevant enterprise agreement.
