National Tertiary Education Union v Royal Melbourne Institute of Technology

This case concerns a dispute between the National Tertiary Education Union (NTEU) and Royal Melbourne Institute of Technology (RMIT) regarding the dismissal of Professor Judith Bessant, an academic employed by RMIT. The NTEU, representing Professor Bessant, alleged that the dismissal was in breach of the Fair Work Act 2009 (Cth) and an enterprise agreement between the NTEU and RMIT. The NTEU and Professor Bessant sought penalties, reinstatement, and compensation for the alleged breaches. The primary legal issues were whether RMIT had contravened sections 340 and 50 of the Fair Work Act by dismissing Professor Bessant for exercising her workplace rights and by failing to offer her the option of participating in a voluntary redeployment process as required by the Enterprise Agreement. Justice Gray found that RMIT had contravened both provisions, leading to penalties and reinstatement orders. The court concluded that the dismissal was due to Professor Bessant's exercise of her workplace rights, and RMIT had not satisfied the onus of proving otherwise. Additionally, RMIT failed to offer Professor Bessant the option of voluntary redeployment, as required by the Enterprise Agreement. The penalties imposed were $27,000 for the contravention of section 340 and $17,000 for the contravention of section 50, totaling $37,000, payable to the NTEU. The court ordered Professor Bessant's reinstatement with continuity of employment, and reserved liberty to apply for the calculation of her remuneration and other entitlements. The application for other orders, such as declarations and damages, was dismissed.