University of Wollongong v National Tertiary Education Industry Union [2002] FCAFC 85; [2002] FCA 360

University of Wollongong v National Tertiary Education Industry Union [2002] FCAFC 85 University of Wollongong v National Tertiary Education Industry Union [2002] FCA 360

NOTE: CHANGES TO THE MEDIUM NEUTRAL CITATION (MNC) The Federal Court adopted a new medium neutral citation (FCAFC) for Full Court judgments effective from 1 January 2002. Single Judge judgments will not be affected and will retain the FCA medium neutral citation. The transitional arrangements are as follows: * All Full Court judgments delivered prior to 1 January 2002 will retain the FCA medium neutral citation.

* All Full Court judgments delivered between 1 January 2002 to 30 April 2002 have been assigned parallel medium neutral citations in both the FCA and FCAFC series.

* All Full Court judgments delivered from 1 May 2002 will contain the FCAFC medium neutral citation only.

FEDERAL COURT OF AUSTRALIA

University of Wollongong v National Tertiary Education Industry Union

[2002] FCA 360

INDUSTRIAL LAW – Termination of employee – Summary dismissal of academic without notification and implementation of investigative procedure provided by relevant enterprise agreement - Whether dismissal contravened enterprise agreement. Workplace Relations Act 1996 (Cth) ss 170CM, 413A Workplace Relations Regulations 1996 (Cth) Reg 30CA Kennelly v Incitec Ltd [1998] 1470 FCA referred to

UNIVERSITY OF WOLLONGONG -v- NATIONAL TERTIARY EDUCATION INDUSTRY UNION and EDWARD J STEELE

N 1273 of 2001

WILCOX, RYAN and CONTI JJ

28 MARCH 2002

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1273 of 2001

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: UNIVERSITY OF WOLLONGONG

Appellant

AND: NATIONAL TERTIARY EDUCATION INDUSTRY UNION

First Respondent

EDWARD J STEELE