The University of Western Australia v The National Tertiary Education Industry Union [2003] FCA 1264

FEDERAL COURT OF AUSTRALIA

The University of Western Australia v The National

Tertiary Education Industry Union [2003] FCA 1264

INDUSTRIAL LAW – interpretation of certified agreement – whether appropriate to exercise power to interpret clause in agreement – existing dispute between the parties about possible termination of a professor's employment – dispute also as to meaning of clause in agreement – whether relevant clause confined in operation to termination of employment at the initiative of the employer – whether clause only deals with such termination on the four grounds specified in it – whether the clause deals exhaustively with the grounds for termination at the initiative of the employer – whether appropriate to grant declarations of the extent sought. Workplace Relations Act 1996 (Cth), s 413A CFMEU v Mount Thorley Operations Pty Ltd (1997) 79 FCR 96 applied Finance Sector Union of Australia v Commonwealth Bank of Australia (2000) 106 FCR 16 applied Forestview Nominees Pty Ltd v Perpetual Trustees WA Ltd (1998) 193 CLR 154 applied

THE UNIVERSITY OF WESTERN AUSTRALIA v THE NATIONAL TERTIARY EDUCATION INDUSTRY UNION

W24 of 2003

CARR J

6 NOVEMBER 2003

PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W24 OF 2003

BETWEEN: THE UNIVERSITY OF WESTERN AUSTRALIA

APPLICANT

AND: THE NATIONAL TERTIARY EDUCATION

INDUSTRY UNION

RESPONDENT

JUDGE: CARR J

DATE OF ORDER: 6 NOVEMBER 2003

WHERE MADE: PERTH

THE COURT ORDERS AND DECLARES THAT:

1. On a proper interpretation of clause 16 of an agreement known as the University of Western Australia Academic Staff Agreement 2000, that clause:

(a) applies only to a termination of employment at the initiative of the employer, and does not apply to the termination of a contract of employment by frustration or other means not at the initiative of the employer; and