Common use of Classification matters Clause in Contracts

Classification matters. (a) Where a disagreement arises between the Employer and one or more of its Employees in respect to reclassification or what is the appropriate classification, the Employer and the Employee and/or the Employee’s representative shall meet to resolve the issue. (b) If this does not resolve the issue to the satisfaction of the parties , the matter shall be referred to the Industry Training Board named Future Energy Skills, or its successor, or other agreed organisation, to perform an audit and determine the matter. (c) The cost of the above shall be borne by the Employer, unless the classification request is vexatious. (d) The determination of the auditor shall be final and binding on the parties subject to the following. (i) Either party may refer the matter to FWC, who may review the determination if FWC decides that the determination is based on a clear, fundamental and substantial error. (ii) In reviewing the determination, FWC has the some powers and limitations as those contained in the dispute settlings procedure in this agreement.