National Tertiary Education Industry Union v Victoria University

[2019] FWC 1994

[2019] FWC 1994

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.739—Dispute resolution

National Tertiary Education Industry Union
v
Victoria University
(C2019/1677)

COMMISSIONER BISSETT MELBOURNE, 27 MARCH 2019

Alleged dispute about any matters arising under the enterprise agreement and the NES;[s186(6)] – application for interim orders.

[1] The National Tertiary Education Industry Union (NTEU) has made an application to the Fair Work Commission (Commission) to deal with a dispute it has with Victoria University (University) pursuant to s.739 of the Fair Work Act 2009 (FW Act). The application has been made in accordance with the dispute settlement procedure of the Victoria University Enterprise Agreement 2013 1 (Agreement).

[2] The dispute relates to a decision by the University to investigate NTEU member Mr Agrotis for serious misconduct and, in doing so, suspend him from his role at the University. This suspension is without pay.

[3] The NTEU seeks interim orders to the effect that the investigation into the conduct of Mr Agrotis be stopped and the suspension of Mr Agrotis be set aside until such time as the Commission hears and determines the matter is dispute.

[4] To this effect the NTEU says that the question to be answered in the arbitration of the matter is whether the University has properly enlivened the serious misconduct process under the Agreement. That is, whether the conditions necessary to commence serious misconduct procedures against Mr Agrotis and to suspend him have been made out.

[5] The immediate question is to determine if the interim orders sought by the NTEU should be granted.

[6] I have carefully considered the submissions and evidence of both the NTEU and the University.

[7] On balance I have decided that the NTEU has an arguable case and the balance of convenience favours the NTEU.

[8] I have therefore decided to issue an order in the form sought by the NTEU.

[9] The parties may apply to vary the order by consent should that be necessary.

[10] The reasons for my decision and the Order 2 will be issued separately.

COMMISSIONER

Appearances:

E. Barnes-Whelan for the Applicant.

K. Sweatman for the Respondent

Hearing details:

2019.

Melbourne:

March 21.

Printed by authority of the Commonwealth Government Printer

<PR706232>

 1   AE406376

 2   PR706234.