Court determines Telstra CFW 4 employee should've been CFW 5
Late last week, the Melbourne Magistrates Court delivered a judgment in a case initiated by your Union against Telstra regarding the misclassification of an employee. The court determined that the employee had been incorrectly classified at the CFW4 level while performing duties more accurately aligned with CFW5 responsibilities.
The employee’s work included:
- Optic fibre cable jointing
- Complex prescribed diagnostics in fault repair
- Pole inspections
- Complex fault repairs
- Advanced diagnostics, repair, and maintenance across the Integrated Network (IEN)
- Installation of exchange cards
The court concluded that these duties exceeded the scope of the CFW 4 classification and that on the balance of probabilities, better reflected the advanced functions typical of the CFW 5 Installer/Repairer role. Additionally, the court noted that since mid-2021, the complexity of the employee's role had increased due to added project and wideband responsibilities, further supporting the CFW 5 classification.
The court emphasised the complexity of determining the original intent of the Core Job Descriptions and developing consistent, technology-appropriate interpretation more than 22 years after their construction, highlighting the challenges of adapting classifications to evolving technologies.
While no orders have been issued yet, they are anticipated later this month. The Union will assess the judgment's implications for other employees who may be facing similar classification issues. Grading concerns at Telstra have been identified as systemic, and discussions are currently underway, including the recent formation of a review committee.
The Union takes great pride in our courageous member and the entire team for achieving this result.
Further updates will be provided regarding actions following the court's decision.
In the meantime, should you require any further information, please contact your State Branch Official for assistance.
