National Tertiary Education Union v La Trobe University [2015] FCAFC 142

National Tertiary Education Union v La Trobe University [2015] FCAFC 142

Clause 74 of the La Trobe University Collective Agreement 2014 imposes binding obligations on the University to avoid redundancies wherever possible and to use compulsory retrenchment only as a last resort; it is not merely aspirational. The primary judge erred in holding otherwise. The matter should be remitted for further hearing and determination in accordance with law.

Jurisdiction
Australia
Judgment Date
08 October 2015
Procedural Posture
Appeal / Judgment on Appeal From Single Judge of the Federal Court
Outcome
Appeal allowed
Legal Topics
['enterprise Agreements' 'redundancy' 'dismissal' 'interpretation of Agreements' 'binding Obligations Vs Aspirational Provisions' 'fair Work Act – S 50']
['industrial Law' 'employment Law'] ['enterprise Agreements' 'redundancy' 'dismissal' 'interpretation of Agreements' 'binding Obligations Vs Aspirational Provisions' 'fair Work Act – S 50']

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Procedural Posture

Appeal / Judgment on Appeal From Single Judge of the Federal Court

Legal Issues

  1. 1 ['Whether clause 74 of the La Trobe University Collective Agreement 2014 imposed binding obligations on the University or was merely aspirational' 'Whether the primary judge erred in construction of clause 74 and in dismissing the application' 'Proper approach to construction of enterprise agreements under the Fair Work Act']

Ratio Decidendi

Clause 74 of the La Trobe University Collective Agreement 2014 imposes binding obligations on the University to avoid redundancies wherever possible and to use compulsory retrenchment only as a last resort; it is not merely aspirational. The primary judge erred in holding otherwise. The matter should be remitted for further hearing and determination in accordance with law.

Court Disposition

Appeal allowed

Orders

  • ["The order made on 11 December 2014 be amended by deletion of the words 'by consent'." 'The appeal be allowed.' 'Order 1 of the orders made on 11 December 2014 be set aside.' 'The matter be remitted to the primary Judge to be heard and determined in accordance with law.' 'No order as to costs.']