National Tertiary Education Industry Union v Central Queensland University [2008] FCA 481

National Tertiary Education Industry Union v Central Queensland University [2008] FCA 481

The University breached its statutory and collectively agreed obligations under clauses 22.2, 22.3, and 24 by failing to initiate consultation with affected employees and/or their representatives at the required decision-making stage. Penalties are warranted for general deterrence, though lower amounts reflect the University's partial (albeit belated) compliance and absence of prior breaches. No separate penalty lies against the Vice Chancellor as responsibility was institutional and not primarily personal.

Jurisdiction
Australia
Judgment Date
11 April 2008
Procedural Posture
Civil Penalty Proceeding / Final Judgment and Penalty Orders
Outcome
Penalties imposed for breaches of collective agreement; majority of penalty payable to applicant, remainder to Commonwealth; no personal penalty against Second Respondent.
Legal Topics
['collective Agreements' 'consultation With Employees' 'workplace Change' 'breach of Industrial Agreement' 'penalties for Breach']
['industrial Law' 'employment Law'] ['collective Agreements' 'consultation With Employees' 'workplace Change' 'breach of Industrial Agreement' 'penalties for Breach']

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Procedural Posture

Civil Penalty Proceeding / Final Judgment and Penalty Orders

Legal Issues

  1. 1 ['Whether the University breached clauses 22.2, 22.3 and 24 of the Central Queensland University Union Collective Agreement (General Staff Employees) 2007 by failing to consult with employees and/or their representatives before making decisions affecting employment.' 'Whether pecuniary penalties should be imposed on the University and/or Vice Chancellor for such breaches.' 'Whether penalties (in whole or part) should be payable to the applicant union.']

Ratio Decidendi

The University breached its statutory and collectively agreed obligations under clauses 22.2, 22.3, and 24 by failing to initiate consultation with affected employees and/or their representatives at the required decision-making stage. Penalties are warranted for general deterrence, though lower amounts reflect the University's partial (albeit belated) compliance and absence of prior breaches. No separate penalty lies against the Vice Chancellor as responsibility was institutional and not primarily personal.

Court Disposition

Penalties imposed for breaches of collective agreement; majority of penalty payable to applicant, remainder to Commonwealth; no personal penalty against Second Respondent.

Orders

  • ['The First Respondent pay a penalty of $6,600 for breach of clause 22.2 of the Collective Agreement.' 'The First Respondent pay a penalty of $200 for breaches of clause 22.3 of the Collective Agreement.' 'The First Respondent pay a penalty of $200 for breach of clause 24 of the Collective Agreement.' 'No penalties...