Tran v Macquarie University (No.2)

The applicant, Ms. Tran, brought proceedings against Macquarie University, alleging contraventions of the *Fair Work Act 2009* (Cth). The dispute concerned Ms. Tran's redundancy and the University's alleged failure to redeploy her in accordance with the relevant Enterprise Agreement, which Ms. Tran contended constituted a breach of section 50 of the Act. Ms. Tran also alleged that the University had contravened section 340 of the Act by taking adverse action against her because she had exercised a workplace right. The matter was heard by Judge Humphreys in the Federal Court of Australia.

The court was required to determine whether Macquarie University had contravened section 50 of the *Fair Work Act 2009* by failing to redeploy Ms. Tran in accordance with the terms of the Enterprise Agreement. Furthermore, the court had to consider whether the University had contravened section 340 of the Act by taking adverse action against Ms. Tran, and whether the University had successfully rebutted the presumption of contravention established by section 361 of the Act.

Judge Humphreys found that Macquarie University had contravened section 50 of the *Fair Work Act 2009* by failing to redeploy Ms. Tran in accordance with the Enterprise Agreement. The court also found that the University had contravened section 340 of the Act, holding that the University had taken adverse action against Ms. Tran. The University failed to rebut the presumption of contravention under section 361 of the Act.