National Tertiary Education Industry Union v University of Technology Sydney [2000] FCA 874

FEDERAL COURT OF AUSTRALIA

National Tertiary Education Industry Union v University of Technology, Sydney [2000] FCA 874 INDUSTRIAL LAW – NTEU excluded from negotiations between CPSU and University regarding the certification of a new enterprise agreement – claim of discrimination INJUNCTIONS – interlocutory orders sought restraining the University from entering into agreement – balance of convenience against intervention – serious question to be tried but not a strong case – Act seeks to prevent discrimination against employees, but not against industrial organisations themselves – Commission prohibited from certifying a discriminatory agreement – Commission able to determine factual questions – delay of pay rise Workplace Relations Act 1996 (Cth), ss 170NB(1), 298M In the matter of CSL Enterprise Agreement 1999; CSL Limited v CPSU (Full Bench of Industrial Relations Commission, 5 June 2000), considered NATIONAL TERTIARY EDUCATION INDUSTRY UNION v UNIVERSITY OF TECHNOLOGY, SYDNEY N 581 of 2000

MADGWICK J 7 JUNE 2000 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 581 of 2000

BETWEEN: NATIONAL TERTIARY EDUCATION INDUSTRY UNION

APPLICANT

AND: UNIVERSITY OF TECHNOLOGY, SYDNEY

RESPONDENT

AND: COMMUNITY AND PUBLIC SECTOR UNION

INTERVENER JUDGE: MADGWICK J

DATE OF ORDER: 7 JUNE 2000

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application for interlocutory relief is dismissed. 2. The applicant is to pay the costs of the respondent and intervenor. 3. The applicant is granted liberty to apply to the Court on short notice in relation to express entitlements of its members, as explained in the reasons for decision.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 581 of 2000