NTEIU v University of Wollongong [2002] FCA 31

FEDERAL COURT OF AUSTRALIA

NTEIU v University of Wollongong [2002] FCA 31

INDUSTRIAL LAW – certified agreement – respondent offered and second applicant accepted employment on a fixed-term contract – under certified agreement, fixed-term employment limited to certain circumstances – whether second applicant engaged in work activity within the description of any of these circumstances – whether second applicant entitled to a declaration that his employment is of a continuing nature – whether instrument of appointment informed second applicant of circumstances justifying use of fixed-term contract – whether penalties should be imposed for breaches of certified agreement

Codelfa Construction Pty Ltd v State Rail Authority of NSW (1982) 149 CLR 337 cited Yango Pastoral Company Pty Ltd v First Chicago Australia Limited (1978) 139 CLR 410 cited Victorian University of Technology v Australian Education Union (1999) 91 IR 96;[1999] FCA 1065 discussed Construction, Forestry, Mining and Energy Union v Coal and Allied Operations Pty Ltd (No. 2) (1999) 94 IR 231; [1999] FCA 1714 applied The Employment Advocate v National Union of Workers (2000) 99 IR 376; [2000] FCA 965 cited The Australian Workers Union v Johnson Matthey (Aust) Ltd Industries Pty Ltd [2000] FCA 728 cited Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union v DMG Industries Pty Ltd (2000) 102 IR 175; [2000] FCA 1492 cited Gibbs v City of Altona (1992) 37 FCR 216 cited NATIONAL TERTIARY EDUCATION INDUSTRY UNION & GRANT RODWELL v UNIVERSITY OF WOLLONGONG N1631 of 2001 BRANSON J SYDNEY 29 JANUARY 2002

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N1631 OF 2001

BETWEEN: NATIONAL TERTIARY EDUCATION INDUSTRY UNION

FIRST APPLICANT

GRANT RODWELL

SECOND APPLICANT