s.739 - Dispute resolution

Alleged dispute about any matters arising under the enterprise agreement - consultation requirements - application for interim orders.

[1] The National Tertiary Education Industry Union (NTEU) has made an application for the Fair Work Commission to deal with a dispute arising under the Deakin University Enterprise Agreement 2017[1] (Agreement). The dispute relates to the consultation requirements in clause 58 of the Agreement as they apply to change occurring at Deakin University (the University).

[2] The NTEU has sought interim orders from the Commission in relation to the dispute. The form of the interim orders are as follows:

Until such time as the dispute notified on 27 May 2020 has been resolved between the parties or there has been a further order of the Commission, the University must not:

(a) Continue to consult with its employees regarding matters raised by the Redundancy Decision;

(b) Progress the implementation of any change proposal that is the subject of the dispute;

(c) Such other orders as the Commission deems appropriate.

[3] The Redundancy Decision referred to in paragraph (a) above I understand to be the decision of the University to make a number of staff redundant as indicated by the Vice Chancellor on 25 May 2020.

[4] The form of the interim orders is different from the final relief sought by the NTEU in its application.

[5] The University oppose the granting of the interim order.

[6] I am mindful that it is intended that consultation on the 15 Major Workplace Change (MWC) Proposals at Deakin University is to be completed on 29 June 2020. While I am advised that it is not intended that any redundancies occur before late July or early August, this places a level of importance on advising the parties of my decision with respect to the interim orders sought by the NTEU. The University, the NTEU and employees should know the decision of the Commission in a timely manner so that they each may adjust their actions and expectations accordingly.

[7] On the basis of the evidence before me I am satisfied that the NTEU has mounted an arguable case in support of its position and that the balance of convenience lies in granting the orders as sought.

[8] I have therefore decided to grant the interim orders sought by the NTEU. My reasons for decision will be issued shortly.

[9] The Order[2] will be in the form sought by the NTEU as set out above expect for para (c).

[10] Leave is granted to the parties to seek a variation to the Order by consent.

L. Gale for the National Tertiary Education Industry Union.

[2] PR720599.

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