National Tertiary Education Industry Union v Victoria University

The National Tertiary Education Industry Union brought an action against Victoria University in the Fair Work Commission, challenging the university's decision to implement changes to the workloads of its academic staff. The union claimed that the changes amounted to a contravention of the Fair Work Act 2009. The dispute centred around the interpretation of "workload" and whether the university had appropriately consulted with the union before implementing the changes.

The central legal issue before the Commission was whether the university's decision to alter the academic staff's workloads constituted an unlawful variation of an award term. The union argued that the changes were significant and required proper consultation with the union. The university contended that the changes were minor and did not require such consultation. The Commission had to determine the scope of the term "workload" in the relevant award and assess whether the university's actions complied with the statutory consultation requirements.

The Commission found that the term "workload" in the relevant award was broad and encompassed not only the quantity of work but also the nature and quality of the work. The Commission further held that the university's changes to the academic staff's workloads were significant and necessitated proper consultation with the union. The university's failure to consult appropriately amounted to an unlawful variation of the award term. Consequently, the Commission ordered the university to reinstate the previous workload arrangements and to engage in good faith negotiations with the union regarding the implementation of the changes.

The Fair Work Commission ordered Victoria University to reinstate the previous workload arrangements for its academic staff and to engage in good faith negotiations with the union regarding the implementation of any future changes. The university was also directed to compensate the union for the costs incurred in bringing the proceedings.