Federal Court of Australia
Federal Court of Australia
National Tertiary Education Industry Union v University of Sydney [2020] FCA 1709 File number: NSD 553 of 2019
Judgment of: THAWLEY J
Date of judgment: 26 November 2020
Catchwords: INDUSTRIAL LAW – alleged contraventions of s 50 of the Fair Work Act 2009 (Cth) – whether Enterprise Agreement created enforceable right to intellectual freedom – whether applicant's conduct was an exercise of intellectual freedom – whether applicant's conduct was misconduct or serious misconduct within the meaning of the Enterprise Agreement – alleged contraventions not made out INDUSTRIAL LAW – alleged contraventions of s 340 of the Fair Work Act 2009 (Cth) – whether the applicant exercised a "workplace right" to make a complaint or complaints – whether the University took adverse action because of the exercise of a workplace right – alleged contraventions not made out
Legislation: Defamation Act 2005 (NSW) Fair Work Act 2009 (Cth) ss 50, 340, 341, 342, 360, 361, 539, 550 Higher Education Support Act 2003 (Cth) s 2-1 Tertiary Education Quality and Standards Agency Act 2011 (Cth) ss 21, 58, 105 University of Sydney Act 1989 (NSW) s 4 Higher Education Standards Framework (NSW) para B1.1.2
Cases cited: Australian Rail, Tram & Bus Industry Union v KDR Victoria Pty Ltd (t/as Yarra Trams) [2014] FCAFC 24 Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union v Visy Packaging Pty Ltd (No 3) (2013) 216 FCR 70 Blatch v Archer (1774) 1 Cowp 63 Board of Bendigo Regional Institute of Technical and Further Education v Barclay (2012) 248 CLR 500 Burns v Australian National University (1982) 61 FLR 76 Construction, Forestry, Mining and Energy Union v Anglo Coal (Dawson Services) Pty Ltd (2015) 238 FCR 273 Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd (2014) 253 CLR 243 Construction, Forestry, Mining and Energy Union v Coal and Allied Operations Pty Ltd (1999) 140 IR 131 Cummins South Pacific Pty Ltd v Keenan [2020] FCAFC 204 EZY Accounting 123 Pty Ltd v Fair Work Ombudsman (2018) 282 IR 86 Fair Work Ombudsman v Devine Marine Group Pty Ltd [2014] FCA 1365 Fair Work Ombudsman v Hu (2019) 289 IR 240 James Cook University v Ridd (2020) 382 ALR 8 National Tertiary Education Union v La Trobe University (2015) 254 IR 238 Perez v Northern Territory Department of Correctional Services [2016] FCA 476 PIA Mortgage Services Pty Ltd v King (2020) 274 FCR 225 Rangi v Kmart Australia Ltd [2019] FCA 1778 Rumble v The Partnership (t/as HWL Ebsworth Lawyers) (2020) 375 ALR 453 Shea v TRUenergy Services Pty Ltd (No 6) (2014) 314 ALR 346 Short v Ambulance Victoria (2015) 249 IR 217 Tattsbet Ltd v Morrow (2015) 233 FCR 46 The Environmental Group Ltd v Bowd (2019) 288 IR 396 Toyota Motor Corporation Australia Ltd v Marmara (2014) 222 FCR 152 Victoria (Office of Public Prosecution) v Grant (2014) 246 IR 441 WorkPac Pty Ltd v Skene (2018) 264 FCR 536
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