National Tertiary Education Industry Union v University of Sydney (No 2) [2021] FCAFC 184

National Tertiary Education Industry Union v University of Sydney (No 2) [2021] FCAFC 184

The Court held that Professors Garton and Jagose should be joined to the appeal, the agreed dismissal of the proceeding against Professor Jagose should be ordered immediately, and the matter should be remitted to the primary judge for determination in accordance with law on the existing evidence for all issues other than relief and pecuniary penalties. No pleading amendment or further particulars were required because the case against the University had not changed and the identified issues were only to assist the parties and the primary judge.

Jurisdiction
Australia
Judgment Date
21 October 2021
Procedural Posture
Appeal in the Fair Work Division Concerning Remittal After Appeal From National Tertiary Education Industry Union V University of Sydney [2020] FCA 1709 / Determined on the Papers on Further Submissions as to the Scope and Basis of Remittal
Outcome
Joinder ordered, proceeding dismissed against the third respondent, and matter remitted to the primary judge for determination on the stated basis.
Legal Topics
['remittal of Matter' 'identification of Remaining Liability Issues' 'joinder of Parties to Appeal' 'enterprise Agreement Contraventions' 'civil Penalties']
['practice and Procedure' 'employment and Industrial Relations' 'fair Work'] ['remittal of Matter' 'identification of Remaining Liability Issues' 'joinder of Parties to Appeal' 'enterprise Agreement Contraventions' 'civil Penalties']

Case Brief

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Procedural Posture

Appeal in the Fair Work Division Concerning Remittal After Appeal From National Tertiary Education Industry Union V University of Sydney [2020] FCA 1709 / Determined on the Papers on Further Submissions as to the Scope and Basis of Remittal

Legal Issues

  1. 1 ['Whether Stephen Garton and Annamarie Jagose should be joined as respondents to the appeal' 'Whether the proceeding should be dismissed against Annamarie Jagose' 'Whether the appellants should be required to amend pleadings or provide further particulars before remittal' 'Which claims and issues remain for determination on remittal' 'Whether further evidence should be permitted on liability issues']

Ratio Decidendi

The Court held that Professors Garton and Jagose should be joined to the appeal, the agreed dismissal of the proceeding against Professor Jagose should be ordered immediately, and the matter should be remitted to the primary judge for determination in accordance with law on the existing evidence for all issues other than relief and pecuniary penalties. No pleading amendment or further particulars were required because the case against the University had not changed and the identified issues were only to assist the parties and the primary judge.

Court Disposition

Joinder ordered, proceeding dismissed against the third respondent, and matter remitted to the primary judge for determination on the stated basis.

Orders

  • ['Stephen Garton and Annamarie Jagose be joined as the second and third respondents respectively to the appeal.' 'The proceeding be dismissed as against the third respondent, Annamarie Jagose.' 'The matter be remitted to the primary judge for determination in accordance with law and, insofar as all issues other than...