Federal Court of Australia
Federal Court of Australia
National Tertiary Education Industry Union v University of Sydney (Relief) [2023] FCA 537 File number(s): NSD 553 of 2019
Judgment of: THAWLEY J
Date of judgment: 29 May 2023
Catchwords: INDUSTRIAL LAW - relief - established contraventions of s 50 of the Fair Work Act 2009 (Cth) - application for pecuniary penalties, reinstatement and compensation - whether relief sought appropriate in the circumstances - reinstatement and compensation ordered – no penalties imposed
Legislation: Crimes Act 1914 (Cth) s 4AA Fair Work Act 2009 (Cth) ss 50, 539(2), 340, 341(1)(c)(ii), 539(2), 545, 546(2)(b), 546(3), 550, 557(1)
Cases cited: Australian & International Pilots Association v Qantas Airways Ltd [2009] FCA 500 Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union [2018] HCA 3; 262 CLR 157 Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union [2021] FCA 1128 Australian Building and Construction Commissioner v Pattinson [2022] HCA 13; 399 ALR 599 Australian Licenced Aircraft Engineers Association v International Aviation Service Assistance Pty Ltd [2011] FCA 333; 193 FCR 526 Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd (No 3) [2012] FCA 1218; 228 IR 195 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Telstra Corporation Ltd [2007] FCA 1607; 168 IR 368 Independent Education Union v Geelong Grammar School [2000] FCA 557 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 National Tertiary Education Industry Union v University of Sydney [2022] FCA 1265 Ridd v James Cook University [2021] HCA 32; 394 ALR 12 Slonim v Fellows [1984] HCA 51; 154 CLR 505 The Commonwealth v Director, Fair Work Building Industry Inspectorate [2015] HCA 46; 258 CLR 482
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