Brickland v Curtin Student Guild Ashdown v Curtin Student Guild Armstrong v Curtin Student Guild [1995] IRCA 244

CATCHWORDS INDUSTRIAL LAW - Termination of employment - claim for unlawful termination - redundancy - whether valid reason for termination - appropriate procedures on a redundancy. INDUSTRIAL RELATIONS ACT 1988, Ss 170 EA, 170CA(1) INDUSTRIAL RELATIONS ACT 1988, "Schedule 11" Needham v Shepperton Preserving Co. Ltd. (1991) 1 AILR 395 BRICKLAND v CURTIN STUDENT GUILD WI 355 of 1994 ASHDOWN v CURTIN STUDENT GUILD WI 357 of 1994 ARMSTRONG v CURTIN STUDENT GUILD WI 358 of 1994 BEFORE: WHEELER JR PLACE: PERTH DATE: 10 APRIL 1995

IN THE INDUSTRIAL RELATIONS ) COURT OF AUSTRALIA ) WESTERN AUSTRALIA ) DISTRICT REGISTRY ) WI Nos. 355, 357 and 358 of 1994 BETWEEN: LISA JACQUELINE BRICKLAND RICK ASHDOWN CAROL SUZANNE ARMSTRONG - Applicants AND CURTIN STUDENT GUILD - Respondent MINUTE OF ORDERS BEFORE: WHEELER JR PLACE: PERTH DATE: 10 APRIL 1995 THE COURT ORDERS THAT: 1. There be a declaration that the termination of employment of each of the applicants contravened Division 3 of part VIA of the Industrial Relations Act 1988. 2. The respondent pay compensation to each of the applicants in the sum of $500. NOTE: Settlement and entry of orders is dealt with by Order 36 of the Industrial Relations Court Rules. IN THE INDUSTRIAL RELATIONS ) COURT OF AUSTRALIA ) WESTERN AUSTRALIA ) DISTRICT REGISTRY ) WI Nos. 355, 357 and 358 of 1994 BETWEEN: LISA JACQUELINE BRICKLAND RICK ASHDOWN CAROL SUZANNE ARMSTRONG - Applicants AND CURTIN STUDENT GUILD - Respondent EX TEMPORE REASONS FOR DECISION These three matters were heard together. The background of the facts briefly is that in 1993 all student Guilds faced the prospect of the introduction of what has been called "voluntary student unionism". At Curtin University the Guild established a Review Committee to oversee a dramatic restructure of the Guild which was seen as necessary to cope with the anticipated loss of revenue stemming from voluntary student unionism, being an amount of some $2 million out of a budget of something over $3 million. Breaking even or making a profit where possible became an aim of what had previously been largely a service oriented organisation. At other universities, other Guilds apparently saw less need for immediate action. There was some prospect of funding from the federal government although I note that, although guidelines are apparently available now for seeking such funding, no money has yet been received by the Curtin Guild from that source. In any event during 1993 the Curtin Guild, having taken the view that action at an early stage was necessary, restructured the Guild resulting in 11 redundancies out of a staff of some 25 full-time employees. In April 1994, Mr Ioppolo, the general manager of the Guild, made available to staff a document called the "Stage 1 Paper" proposing a new management structure which involved, broadly, more professional management with the student representatives taking on a representative rather than as previously a managerial role. He also asked staff for their comments on the possible restructure of their own areas. These comments and a document called the "Stage 1A" document which was prepared by Mr