NTEIU v University of Wollongong [2001] FCA 1069

FEDERAL COURT OF AUSTRALIA

NTEIU v University of Wollongong [2001] FCA 1069

INDUSTRIAL LAW– interpretation of certified agreement – whether respondent entitled to dismiss a member of its academic staff summarily – whether certified agreement provides procedure to be followed prior to termination of employment – distinction between termination without notice and the making of a decision to terminate without compliance with inquiry procedures – meaning of "serious misconduct" under certified agreement – meaning of "serious misconduct" within par 170CM(1)(c) of Workplace Relations Act 1996 (Cth) WORDS AND PHRASES – "serious misconduct" Workplace Relations Act 1996 (Cth) ss 413A, 170CM Workplace Relations Regulations 1996 (Cth) reg 30CA NATIONAL TERTIARY EDUCATION INDUSTRY UNION AND DR EDWARD STEELE v UNIVERSITY OF WOLLONGONG N 582 of 2001 BRANSON J SYDNEY 8 AUGUST 2001

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 582 of 2001

BETWEEN: NATIONAL TERTIARY EDUCATION INDUSTRY UNION

FIRST APPLICANT

DR EDWARD STEELE

SECOND APPLICANT

AND: UNIVERSITY OF WOLLONGONG

RESPONDENT

JUDGE: BRANSON J

DATE OF ORDER: 8 AUGUST 2001

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. Upon the true meaning and intent of clause 61 of the University of Wollongong (Academic Staff) Enterprise Agreement 2000-2003 ("the Agreement"), clause 61 prescribes the steps that are to be taken before the Vice-Chancellor takes disciplinary action against an academic staff member for reasons of unsatisfactory conduct, whether amounting to "misconduct" or "serious misconduct" within the meaning of the Agreement, including for reasons of misconduct of the kind envisaged by par 170CM(1)(c) of the Workplace Relations Act 1996 (Cth).