University of Wollongong Landmark Federal Court Case Tests the Strength of Enterprise Agreements
3rd July 2001
A landmark Federal court case against the University of Wollongong will be heard in Sydney this Thursday, 5th July. The case, which has been mounted by the NTEU, has serious implications for all Australians whose employment is covered by an enterprise agreement.
The NTEU, which has the support of the South Coast Labour Council and the Australian Council of Trade Unions, is looking to the Court to uphold the terms of its enterprise agreement. It alleges that the University acted illegally when it summarily dismissed Dr Ted Steele in February for alleged 'serious misconduct' after he publicly criticized assessment procedures in his department. The Academic Enterprise Agreement stipulates that allegations of serious misconduct must be investigated by a duly constituted committee before any action can be taken. However, in this case, the Vice-Chancellor ignored this requirement for due process.
'This case goes to the basic right of working people to protection as defined by their enterprise agreements,' said NTEU Wollongong Branch President Ron Perrin. 'By acting as judge, jury and executioner, the Vice-Chancellor has ignored the employment rights of all university staff.'
'Staff representatives at the University of Wollongong invested two years of time and effort in negotiating this agreement with University management. By his actions, Vice-Chancellor Sutton has shown that he has no respect for due process. His actions set a dangerous precedent that cannot be allowed to stand,' said Mr Perrin.
The South Coast Labour Council has warned too of the importance of this case to all working people. Secretary, Arthur Rorris said 'the SCLC fully supports the NTEU in its action against the Management of the University of Wollongong.' Mr Rorris said that 'Employer compliance with industrial agreements is an issue of utmost importance to the union movement. It is imperative, particularly in the processes dealing with the dismissal of employees, that employers do not breach the provisions of agreements that have been negotiated with unions and which are designed to promote fairness, transparency and confidence. Enterprise agreements are law and must be honoured. A clear message must be sent to all employers that breaches of enterprise agreements will not be tolerated, the full force of the Federal Court will be set upon you,' he said.