Monash University v Murthi

Monash University sought a declaration that the Fair Work Commission (FWC) lacked jurisdiction to arbitrate a dispute raised by Dr Murthi concerning the University’s investigation of an allegation of plagiarism against her. Dr Murthi, an academic employed by Monash University, raised the dispute under the Monash University Enterprise Agreement (Academic and Professional Staff) 2019 (the Agreement). The primary issue for the Federal Court was whether the FWC had jurisdiction to arbitrate the dispute concerning the University’s handling of the plagiarism investigation, as well as any resulting consequences.

The Court held that the Agreement conferred jurisdiction upon the FWC to arbitrate disputes concerning the application of the Agreement, including those related to the procedures for handling allegations of plagiarism. The Court rejected the University’s argument that the Agreement reserved the merits of plagiarism allegations to be dealt with exclusively under the Australian Code for the Responsible Conduct of Research 2018. Instead, the Court found that the Agreement did not exclude the merits of such allegations from the FWC’s jurisdiction. The Court further determined that even if the FWC considered the merits of the plagiarism allegation, it could still make orders remediating the consequences of a breach of the Agreement. Consequently, the Court found that the FWC had jurisdiction over the dispute and dismissed the University’s application for declaratory and interlocutory relief.

The Court ordered that the proceeding be dismissed and allowed the first respondent, Dr Murthi, to apply for an order for costs, with the University having the opportunity to respond. The Court further provided that if no application for costs was made, there would be no order as to costs. This decision confirmed the FWC’s authority to arbitrate disputes involving the application of the Agreement, including those related to the investigation of plagiarism allegations.