Tran v Macquarie University (No.3)

In *Tran v Macquarie University (No.3)*, Judge Humphreys of the Federal Circuit and Family Court of Australia considered a dispute between an applicant and Macquarie University concerning alleged contraventions of the *Fair Work Act 2009* (Cth). The applicant sought remedies including reinstatement and compensation, alleging the University had contravened the Act and its Enterprise Agreement.

The court was required to determine whether Macquarie University had contravened section 340 of the *Fair Work Act 2009* (Cth) by refusing to redeploy and subsequently dismissing the applicant, and whether these actions were taken because the applicant had exercised a workplace right. Additionally, the court considered contraventions of section 50 of the Act and the terms of the Enterprise Agreement, and whether these breaches were deliberate. The court also had to decide on the appropriate remedies, including pecuniary penalties, compensation for lost wages and superannuation, future economic loss, non-economic loss, and the question of reinstatement.

Judge Humphreys found that Macquarie University had contravened the *Fair Work Act 2009* (Cth) and the Enterprise Agreement. The court determined that the University contravened section 50 of the Act on two occasions, with each breach attracting a penalty of $10,000.00. Further, the University contravened section 340 of the Act by refusing to redeploy the applicant, attracting a penalty of $15,000.00, and by dismissing the applicant, attracting a penalty of $10,000.00. In total, pecuniary penalties of $45,000.00 were ordered to be paid to the applicant. The court declined to order reinstatement. Significant compensation was awarded, including $221,163.45 for lost wages, $55,156.19 for lost superannuation payments (with further orders to ascertain and pay lost investment returns), $278,282.00 for future economic loss, and $15,000.00 for non-economic loss, with interest. The court declined to make an order as to costs.