[2024] FWC 3196
Citation: [2024] FWC 3196
What happened
The dispute involves employees driving concrete agitator trucks on the Snowy Hydro 2.0 project in New South Wales. SC Hydro Pty Ltd and the Construction, Forestry and Maritime Employees Union (CFMEU) disagree about the correct classification of these employees under the SC Hydro Tunnel and Associated Works Greenfield Agreement 2021 – 2025. SC Hydro classifies them as Tunneller Class 2 (TW2), while the CFMEU argues they should be classified as Tunneller Class 1 (TW3). Several employees, including Raymond Orreal, Edward Riley, Glenn Willmott, Gavin Blyth, Steven Roach, Clyde Farr, Ian Starr, Christophe Biberian, Brett Rewald, and Louis Brell, are involved. The dispute concerns whether the employees are performing work that warrants the higher classification.
What was decided
The Fair Work Commission has not yet issued a final decision on the classification dispute. Following initial conciliation attempts, the Commission arbitrated the dispute. Evidence was presented by both SC Hydro and the CFMEU, including witness statements from employees and supervisors. The Commission considered the terms of the SC Hydro Agreement, particularly clauses relating to workplace flexibility and employee classification. A final decision regarding the employees' classification is pending.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2024fwc3196.pdfWant more cases like this?
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This summary was drafted by AI 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 →