National Tertiary Education Industry Union v Swinburne University of Technology [2014] FCA 606

FEDERAL COURT OF AUSTRALIA

National Tertiary Education Industry Union v Swinburne University of Technology [2014] FCA 606 Citation: National Tertiary Education Industry Union v Swinburne University of Technology [2014] FCA 606

Parties: NATIONAL TERTIARY EDUCATION INDUSTRY UNION v SWINBURNE UNIVERSITY OF TECHNOLOGY

File number: VID 1127 of 2013

Judge: MORTIMER J

Date of judgment: 12 June 2014

Catchwords: PRACTICE AND PROCEDURE – Application for leave to amend originating application and statement of claim – application for order to join Swinburne College Pty Ltd as party to proceeding – whether applicant's arguments raised by proposed amendments inconsistent with arguments before Fair Work Commission, such as to constitute abuse of process – whether proceeding should be stayed pending outcome of proceeding in Fair Work Commission – whether proposed amendments would be contrary to the efficient and effective administration of justice – whether proposed respondent is a proper party – application granted.

Legislation: Fair Work Act 2009 (Cth) ss 50, 51, 54, 181, 182, 186, 188, 340, 361, 570 Federal Court of Australia Act 1976 (Cth) s 22 Judiciary Act 1903 (Cth) Federal Court Rules 2011 (Cth) rr 8.21, 9.05, 16.53 Swinburne University of Technology Academic & General Staff Agreement 2014 Swinburne University of Technology Academic & General Staff Certified Agreement 2006-2008 Swinburne University of Technology Academic & General Staff Enterprise Agreement 2009 cl 53 Victorian TAFE Teaching Staff Multi-Business Agreement 2009