[2026] FWCFB 27
Citation: [2026] FWCFB 27
What happened
This case involves a dispute between SC Hydro Pty Ltd and the Construction, Forestry and Maritime Employees Union (CFMEU) regarding the correct classification of employees driving concrete agitator trucks on the Snowy Hydro 2.0 project. The dispute centres on whether these employees should be classified as Tunneller Class 2 (TW2) or Tunneller Class 1 (TW3) under the SC Hydro Pty Ltd – AWU Tunnel and Associated Works Greenfield Agreement 2021 – 2025. Previous decisions by the Fair Work Commission and Full Bench had determined the employees should be classified as TW3. SC Hydro failed to implement these decisions, prompting the CFMEU to seek further orders from the Commission.
What was decided
The Fair Work Commission Full Bench determined that it had the power to make further orders to resolve the dispute, despite SC Hydro’s argument that it was functus officio. The Full Bench found SC Hydro knowingly failed to comply with previous determinations. The Commission acknowledged its role as a private arbitrator in this dispute. The Full Bench did not specify the exact orders to be made, but indicated it would vary its earlier decision to include more specific requirements for SC Hydro to resolve the dispute. The Commission rejected SC Hydro's argument that it lacked the power to issue binding orders.
What it means for employers
Employers must diligently implement decisions made by the Fair Work Commission, even if they disagree with the outcome. Failure to do so can lead to further legal action and potentially more stringent orders from the Commission. Understanding the scope of enterprise agreement clauses and the Commission's powers in resolving disputes is crucial.
What it means for employees
Employees should be aware of their rights and entitlements under enterprise agreements and modern awards. If an employer fails to comply with a Fair Work Commission decision, employees can seek further action to enforce those decisions.
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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