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[2020] FWC 14
General information, not legal advice.
Fair Work Commission
2020-01-07
Original judgment source is linked above.
For the reasons stated above on a proper construction of the Agreement Deakin was not, in the circumstances of this case, required to provide to the NTEU or any affected staff member, position descriptions in respect of positions in either of the proposed restructures the subject of the major workplace change, in order to comply with clause 58.6 of the Agreement. It follows that in providing the information and material that has been provided to affected staff members and to the NTEU, Deakin has complied with its obligation under clause 58.6. The dispute is resolved accordingly.
[2] Form F10 dated 19 July 2019 at Attachment 3; Exhibit 1 at [14]-[15] and Annexures MM-2 and MM-3
[3] Exhibit 2 at Attachments G, H, I and J; Exhibit 1 at Annexures MM-4, MM-5, MM-6 and MM-7
[9] Exhibit 1 at [21]-[24] and Annexure MM-8; C2019/4418
[13] Exhibit 1 at [19] and Annexure MM-6, p.2
[15] Exhibit 2 at Attachments A, B, C, D, E and F; Exhibit 1 at [33]-[36] and Annexures MM-9, MM-10, MM-11, MM-12, MM-13, MM-14, MM-15, MM-16
[23] Exhibit 1 at [40]-[42]; C2019/5326
[26] Exhibit 1 at [38] and Annexures MM-15
[28] Respondent's outline of submissions at [4] at [6(b)]
[29] Respondent's outline of submissions filed 2 October 2019 at [6(c)]
[30] NTEU Response to Deakin Submissions filed 9 October 2019 at [i]-[k]
[31] NTEU Submission filed 17 September 2019, p.2 at [f]-[h]
[32] NTEU Response to Deakin Submissions at [r]; Transcript of proceedings at PN176
[33] NTEU Submission, p.2 at [j]-[n]
[34] Respondent's outline of submissions at [6(d)]
[36] Respondent's outline of submissions at [32]
[37] Transcript of proceedings at PN104 and PN116
[40] Respondent's outline of submissions at [21]-[24]
[41] NTEU Response to Deakin Submissions at [e]
[42] NTEU Response to Deakin Submissions at [e]-[g]
[43] Transcript of proceedings at PN111-PN112
[44] Transcript of proceedings at PN120
[47] (1994) 36 NSWLR 290 at 304
Printed by authority of the Commonwealth Government Printer
National Tertiary Education Industry Union
Deakin University [2020] FWC 14
(1994) 36 NSWLR 290
(1998) 44 NSWLR 103