Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
National Tertiary Education Union v Victoria University [2008] FCA 1630
NATIONAL TERTIARY EDUCATION UNION v VICTORIA UNIVERSITY VID 122 of 2007
RYAN J
3 NOVEMBER 2008
MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 122 of 2007
BETWEEN: NATIONAL TERTIARY EDUCATION UNION
Applicant
AND: VICTORIA UNIVERSITY
Respondent
JUDGE: RYAN J DATE OF ORDER: 3 NOVEMBER 2008
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The application be dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 122 of 2007
BETWEEN: NATIONAL TERTIARY EDUCATION UNION
Applicant
AND: VICTORIA UNIVERSITY
Respondent
JUDGE: RYAN J
DATE: 3 NOVEMBER 2008
PLACE: MELBOURNE
REASONS FOR JUDGMENT 1 By its amended application the applicant ("the NTEU"), seeks the following relief; '1. A declaration that the Respondent has contravened section 719(1) of the Act by breaching clauses 63.3, 63.5 and 63.6 of the Victoria University (Academic & General Staff) Enterprise Bargaining Agreement 2005 ("the 2005 Agreement"). 2. The imposition of penalties on the Respondent under section 719(1) of the Act in respect of breaches of clauses 63.3, 63.5 and 63.6 of the 2005 Agreement. 3. An order under section 841 of the Act that any penalty or penalties be paid to the Applicant. 4. A declaration and orders that on its true meaning and intent clause 63 of the 2005 Agreement permits a staff member to raise a dispute over the application of the 2005 Agreement even if the subject matter of the dispute does not involve the individual staff member. 5. A declaration and orders that on its true meaning and intent, clause 63 of the 2005 Agreement permits a staff member who has a dispute over the application of the 2005 Agreement to refer the dispute to the disputes committee whether or not the staff member first raised the dispute with the supervisor. 6. A declaration and orders that on its true meaning and intent clause 63 of the 2005 Agreement if a staff member who has a dispute over the application of the 2005 Agreement requests the disputes committee be convened the Respondent must: (i) nominate two members to the Disputes Committee; and (ii) convene or permit to be convened the Disputes Committee. 7. A declaration and orders that on its true meaning and intent clause 63 of the 2005 Agreement does not permit the Respondent to refuse to participate in the dispute resolution procedure in clause 63 on the grounds that they have formed the view that: (i) the dispute is not a dispute over the applicant of the 2005 Agreement; or (ii) the subject matter of the dispute does not involve as an individual the staff member notifying the dispute.' 2 At the hearing, Mr Bromberg SC for the NTEU indicated that it no longer pursued the relief sought in pars 4 to 7 of the amended application. 3 The respondent ("VU") has at all material times been a party to and bound by the 2005 Agreement, cl 63 of which provided as follows; '63 Dispute Settling Procedures
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