Wollongong Uni Fined in Important HECE Award Precedent
6 February 2002
The Federal Court on 31 January found the University of Wollongong guilty on two counts of breaching its Enterprise Agreement in relation to standard "HECE-Award" provisions.
The University was fined $4,000 for employing Dr. Grant Rodwell on a fixed-term contract, which was to undertake core undergraduate teaching. The University's defence was that he was employed on a "specific project". Justice Branson rejected this argument. The University was also fined $1,000 for failing to correctly advise Dr. Rodwell, in his letter of appointment, of the reason he was appointed on a fixed-term contract.
Unfortunately, the Court refused to declare that Dr. Rodwell was a continuing employee. In light of this, the Union returned to the Commission on 31 January (his last day of work) seeking orders that the University convert Dr Rodwell to continuing employment or pay him the severance payments he would have been entitled to as a continuing employee.
The Federal Court's decision is recommended reading, at:
http://www.austlii.edu.au/au/cases/cth/federal_ct/2002/31.html. For more information please contact Trish Mullins, NSW Legal/Industrial Officer on (02) 9212 5433.