Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Independent Education Union of Australia v Australian International Academy of Education Inc [2012] FCA 1512 Citation: Independent Education Union of Australia v Australian International Academy of Education Inc [2012] FCA 1512
Parties: INDEPENDENT EDUCATION UNION OF AUSTRALIA and GEORGIA BUTTERS CAIN v AUSTRALIAN INTERNATIONAL ACADEMY OF EDUCATION INC
File number: VID 1114 of 2012
Judge: GRAY J
Date of judgment: 24 December 2012
Catchwords: INDUSTRIAL LAW – employment – teacher engaged on fixed term contract – allegation of contravention of award – conditions for fixed term employment alleged not to exist – whether interlocutory order could require employer to treat employment as having been on a full-time basis and as continuing
Legislation: Associations Incorporation Act 1981 (Vic) Associations Incorporation Reform Act 2012 (Vic) Fair Work Act 2009 (Cth) ss 545, 545(1), 545(2), 545(2)(a) Fair Work (Registered Organisations) Act 2009 (Cth) Workplace Relations Act 1996 (Cth) s 178 Educational Services (Teachers) Award 2010 cll 10.1, 10.2(c), 10.3, 10.4, 10.5, 10.6, 10.6(a), 10.6(b), 10.6(c), 11.2.
Cases cited: Construction, Forestry Mining and Energy Union v Pilbara Iron Company (Services) Pty Ltd (No. 3) [2012] FCA 697 considered National Tertiary Education Industry Union v The University of Wollongong [2002] FCA 31 considered
Date of hearing: 24 December 2012
Place: Melbourne
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