Monash University v Murthi [2024] FCA 663

Federal Court of Australia

Monash University v Murthi [2024] FCA 663 File number: VID 467 of 2024

Judgment of: WHEELAHAN J

Date of judgment: 21 June 2024

Catchwords: INDUSTRIAL LAW — enterprise agreement – arbitral jurisdiction of the Fair Work Commission – where an academic member of staff was accused of plagiarism – where the Monash University Enterprise Agreement (Academic and Professional Staff) 2019 required Monash University to comply with certain procedures when investigating allegations of plagiarism in breach of the Australian Code for the Responsible Conduct of Research 2018 (the Research Code) – where the staff member referred a dispute concerning the conduct of the relevant investigations to the Fair Work Commission for arbitration – where the University sought a declaration that the Commission lacked jurisdiction to determine whether an academic employee breached the Research Code – where the University submitted that the Agreement reserved the merits of allegations of plagiarism to be dealt with exclusively by processes set out under the Research Code – where the University submitted that it would therefore be inconsistent with the Agreement for the Commission to consider the merits of the allegation – the Commission has jurisdiction to deal with disputes that are referred to it in accordance with the Agreement – the Agreement does not impliedly carve out the merits of allegations of plagiarism from this conferral of jurisdiction – whether the Commission has power to make particular kinds of order is a separate question – the Commission has power to consider the merits of an allegation of plagiarism as a step along the way to making another order that is within power – the Commission has power to make orders remediating the consequences of a breach of the Agreement – the declaration should not be made – application dismissed.