Federal Court of Australia
Federal Court of Australia
National Tertiary Education Industry Union v University of Sydney [2022] FCA 1265 On remittal from: National Tertiary Education Industry Union v University of Sydney [2021] FCAFC 159
File number(s): NSD 553 of 2019
Judgment of: THAWLEY J
Date of judgment: 27 October 2022
Catchwords: INDUSTRIAL LAW – where Full Court allowed appeal and remitted matter for further hearing and determination – right to intellectual freedom – alleged contravention of s 50 of the Fair Work Act 2009 (Cth) – whether conduct was an exercise of intellectual freedom – whether warnings and termination imposed because of employee's exercise of intellectual freedom – contraventions established
Legislation: Fair Work Act 2009 (Cth) ss 50, 550
Cases cited: National Tertiary Education Industry Union v University of Sydney [2020] FCA 1709 National Tertiary Education Industry Union v University of Sydney [2021] FCAFC 159; (2021) 392 ALR 252 National Tertiary Education Industry Union v University of Sydney (No 2) [2021] FCAFC 184
Division: Fair Work Division
Registry: New South Wales
National Practice Area: Employment and Industrial Relations
Number of paragraphs: 74
Date of hearing: 28 June 2022
Counsel for the Applicants: Mr B Walker SC with Ms S Kelly
Solicitor for the Applicants: National Tertiary Education Industry Union
Counsel for the Respondents: Ms K Eastman SC with Mr D Lloyd
Solicitor for the Respondents: Ashurst Australia
ORDERS NSD 553 of 2019
BETWEEN: NATIONAL TERTIARY EDUCATION UNION First Applicant
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