National Tertiary Education Union v Royal Melbourne Institute of Technology [2013] FCA 451

FEDERAL COURT OF AUSTRALIA

National Tertiary Education Union v Royal Melbourne Institute of Technology [2013] FCA 451 Citation: National Tertiary Education Union v Royal Melbourne Institute of Technology [2013] FCA 451

Parties: NATIONAL TERTIARY EDUCATION UNION and JUDITH CAROLYN BESSANT v ROYAL MELBOURNE INSTITUTE OF TECHNOLOGY

File number: VID 684 of 2012

Judge: GRAY J

Date of judgment: 16 May 2013

Catchwords: INDUSTRIAL RELATIONS – employment – adverse action – whether dismissal for redundancy due to exercise of workplace rights – whether employer satisfied onus of proving that reasons alleged were not reasons for dismissal – person advanced as sole decision-maker did not give express evidence that alleged reasons were not taken into account – whether evidence as to reasons advanced exclusive of reliance on other reasons – whether circumstances suggested other reasons relied on – whether other persons also decision-makers – memorandum recommending redundancy had to be approved by two other persons before final decision made INDUSTRIAL RELATIONS – enterprise agreement – breach – redundancy provisions – whether employer obliged to offer voluntary redeployment

Legislation: Crimes Act 1914 (Cth) s 4AA Fair Work Act 2009 (Cth) ss 50, Part 3-1 340, 340(1), 340(1)(a), 340(1)(a)(ii), 341, 342(1), 342(1) item 1(a), 360, 361, 361(1), 539(1), 539(2) item 4, item 11, 545, 545(1), 545(2)(b), 545(2)(c), 546, 546(2)(b), 546(3)(b), 547(2), 570(1), 570(2) Fair Work (Registered Organisations) Act 2009 (Cth) Federal Court of Australia Act 1976 (Cth) ss 21(1), 51A(1) Royal Melbourne Institute of Technology Act 1992 (Vic)