National Tertiary Education Industry Union v University of Sydney

The National Tertiary Education Industry Union, on behalf of Dr Tim Anderson, brought proceedings against the University of Sydney, and Professor Michael Garton, alleging contraventions of sections 50 and 340 of the Fair Work Act 2009 (Cth). The applicant sought relief for pecuniary penalties, damages and reinstatement. The application was dismissed. The court was required to determine whether the Enterprise Agreement created enforceable rights to intellectual freedom and whether the applicant's conduct constituted misconduct or serious misconduct under the Enterprise Agreement. The court also had to decide whether the applicant exercised a workplace right to make a complaint and whether the University took adverse action due to the exercise of that right. The court found that the 2018 Agreement did not create a legally enforceable right to intellectual freedom and that the applicant's conduct did not constitute misconduct or serious misconduct. Additionally, the court determined that the applicant did not exercise a workplace right to make a complaint, and the University did not take adverse action because of the exercise of such a right. The University did not contravene sections 50 or 340 of the Fair Work Act. The court dismissed the application, with no orders for costs.