Moshirian v University of New South Wales [2002] FCA 179

FEDERAL COURT OF AUSTRALIA

Moshirian v University of New South Wales [2002] FCA 179 INDUSTRIAL LAW – certified agreement – interpretation – extrinsic evidence – evidence of negotiations – Jones v Dunkel inference – evidence of subsequent conduct – waiver – estoppel – clause in agreement governing investigation of alleged misconduct by academic – power of suspension WORDS AND PHRASES – "suspension" Workplace Relations Act 1996 (Cth) ss 178, 179, 179A University of New South Wales (Academic Staff) Enterprise Agreement 2000 cll 3, 14.3(g) Codelfa Construction Pty Ltd v State Rail Authority of NSW (1982) 149 CLR 337 referred to Merchant Service Guild of Australia v Sydney Steam Collier Owners and Coal Stevedores Association (1958) 1 FLR 248 referred to Short v F W Hercus Pty Ltd (1993) 40 FCR 511 referred to John L Pierce Pty Ltd v Kennedy (2001) 105 IR 459 referred to Australasian Meat Industry Employees Union v Coles Supermarkets Australia Pty Ltd (1998) 80 IR 208 referred to Ambulance Service Victoria (South Western Region) v Australian Liquor, Hospitality and Miscellaneous Workers Union (1998) 80 IR 275 referred to Prenn v Simmonds [1971] 1 WLR 1381 followed AFMEPKIU & Ors v Qantas Airways Limited [2001] FCA 547 referred to Seamen's Union of Australia v Adelaide Steamship Co Ltd (1976) 46 FLR 444 referred to Australian Municipal, Administrative, Clerical and Services Union v Treasurer of the Commonwealth (1998) 82 FCR 175 referred to Kidd v Savage River Mines (1984) 6 FCR 398 referred to Jackson v Monadelphous Engineering Associates Pty Ltd (unreported, Industrial Relations Court of Australia, Moore J, 17 October 1997) referred to Metropolitan Health Service Board v Australian Nursing Federation (2000) 176 ALR 46; 98 IR 390 referred to Re Application by Building Workers Industrial Union of Australia (1979) 41 FLR 192 referred to Gregory v Philip Morris Ltd (1988) 80 ALR 455 referred to Ford v Lismore City Council (1989) 28 IR 68 referred to R C McCallum, "Lay-Off, Suspension and the Contract of Employment" (1989) 2 Australian Journal of Labour Law 211 referred to