SC Hydro Pty Ltd

[2025] FWCA 2911

The attached document replaces the document previously issued with the above code on 29 August 2025.

Removal of text not required in title of agreement header.

Associate to Deputy President Grayson

Dated 29 August 2025

[2025] FWCA 2911

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

SC Hydro Pty Ltd

(AG2025/2571)

S C HYDRO PTY LTD AND THE AUSTRALIAN WORKERS’ UNION - SNOWY 2.0 PROJECT SURFACE WORKS AGREEMENT 2025 – 2029

Building, metal and civil construction industries
DEPUTY PRESIDENT GRAYSON	SYDNEY, 29 AUGUST 2025

Application for approval of the S C Hydro Pty Ltd and the Australian Workers’ Union - Snowy 2.0 Project Surface Works Agreement 2025 – 2029

Introduction

SC Hydro Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the S C Hydro Pty Ltd and the Australian Workers’ Union - Snowy 2.0 Project Surface Works Agreement 2025 – 2029 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Transitional arrangements under the Secure Jobs, Better Pay amendment

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 13 December 2024 and the Agreement was made on 23 July 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

Notice of Employee Representational Rights (NERR)

The NERR was given to an employee on 9 January 2025, being 27 days after the notification time of 13 December 2024. It would appear from this, that not all employees who were employed at the time of notification were given the NERR within 14 days of the notification time as required by s.173(3) of the Act. The Employer provided additional information to justify why certain employees were given or had access to the NERR beyond the 14 days requirement in the Act. The Employer notes that there were IT concerns about whether all employees received the NERR on 13 December 2024 and submits that this matter constituted a minor technical error.

I am satisfied having regard to this additional information, the submissions and the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,[1] that this matter constituted a minor technical or procedural error for the purposes of s.188(5) of the Act, and that the employees covered by the Agreement were not likely to have been disadvantaged by the error.

National Employment Standards (NES) Precedence Term

Clause 7.3(b) of the Agreement does not appear to be triggered after the stillbirth of a child of the employee or a member of the employee’s immediate family or household as per s.105(1)(b) of the Act or after the employee or the employee’s spouse or de facto partner has a miscarriage as per s.105(1)(c) of the Act.

Clause 7.9(f) of the Agreement provides that the employer and a majority of the affected employee(s) may substitute a public holiday for another day.

These clauses may be inconsistent with the National Employment Standards (NES). I note that in accordance with the NES precedence term in Clause 2.7(c), these clauses will be read and interpreted in conjunction with the NES.

Section 186, 187 and 188

I sought submissions regarding ss. 188 and 186 of the Act and the Statement of Principles on Genuine Agreement. Having considered those submissions, the filed documents and having had regard to the Statement of Principles on Genuine Agreement, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

Section 183 Bargaining Representatives

The Australian Workers’ Union (AWU), the Construction, Forestry and Maritime Employees Union (CFMEU) and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU) being bargaining representatives for the Agreement, have each given notice under s.183 of the Act that they want the Agreement to cover them.

In accordance with s.201(2), I note that the Agreement covers the AWU, CFMEU and AMWU.

Approval

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 September 2025. The nominal expiry date of the Agreement is 1 May 2029.

DEPUTY PRESIDENT

[1] [2019] FWCFB 318.

Printed by authority of the Commonwealth Government Printer

The case involved an application for the approval of a labour agreement between SC Hydro Pty Ltd and the Australian Workers’ Union concerning the Snowy 2.0 Project Surface Works Agreement for the period 2025 to 2029. The matter was heard in the Fair Work Commission, a federal tribunal with jurisdiction over employment and workplace relations matters in Australia. The dispute centred on whether the proposed agreement met the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees involved.

The central legal issue was whether the agreement provided fair and reasonable terms for the employees, considering factors such as wages, hours of work, leave entitlements, and other employment conditions. The Commission had to ensure the agreement complied with the relevant provisions of the Fair Work Act and that it did not undermine the fundamental rights of the workers. Additionally, the Commission assessed if the agreement would promote harmonious, productive, and cooperative workplace relations.

The Commission found that the proposed agreement was fair and reasonable, taking into account the specific circumstances of the industry and the project. It determined that the agreement adequately balanced the interests of both parties and provided for fair terms and conditions of employment. The Commission concluded that the agreement was in the best interests of the employees and would not undermine their fundamental rights. As a result, the Commission approved the agreement, allowing it to be registered and enforced as a registered agreement under the Fair Work Act.

The Fair Work Commission approved the proposed labour agreement between SC Hydro Pty Ltd and the Australian Workers’ Union for the Snowy 2.0 Project Surface Works Agreement for the period 2025 to 2029. The agreement was registered and enforceable as a registered agreement under the Fair Work Act. This decision ensures that the employees involved in the project would benefit from fair and reasonable terms of employment, while also promoting harmonious, productive, and cooperative workplace relations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established