National Tertiary Education Industry Union v Griffith University

In the Federal Court of Australia, Judge Jarrett considered a dispute between the National Tertiary Education Industry Union and Griffith University concerning the interpretation of an enterprise agreement. The Union sought a declaration regarding the right of staff members to have Union representation at performance review meetings.

The central legal issue before the Court was the proper construction of clause 56.1 of the Griffith University General Staff Enterprise Agreement 2012 – 2016. Specifically, the Court had to determine whether a meeting convened for the purpose of reviewing an employee's performance fell within the scope of clause 56.1, and if so, whether a staff member was entitled to Union representation at such a meeting.

Judge Jarrett reasoned that a performance review meeting is inherently a meeting about a matter that may arise in the course of an employee's employment. Applying this interpretation to clause 56.1, the Court declared that a staff member of Griffith University is entitled to have Union representation at a meeting with the purpose of reviewing their performance. The Court also ordered that all other outstanding applications in the matter be dismissed.