The Court argued in favour of Professor Ridd because the JCU violated Clause 14 of the Enterprise Agreement by finding that Professor Ridd had violated the code of conduct by censoring him, instructing him to keep the disciplinary process confidential and terminating his activity. Professor Ridd tried in the Federal Court of Justice. He argued that his conduct was protected by Article 14 of the JCU Enterprise Agreement, which codified academics` right to freedom of thought. Under the Fair Work Act 2009 (Cth), a violation of an enterprise agreement can result in compensation orders and fines. Failure to comply with an enterprise agreement can have serious financial consequences. This was illustrated recently in the case of Ridd v James Cook University (No. 2)  FCCA 2489 (Ridd v JCU). Our work team is happy to assist your company in negotiating, communicating or archiving business as part of its enterprise agreement. Justice Vasta stated that it would be “inappropriate” for a document such as the code of conduct, which can be amended by jCU, to repeal an enterprise agreement clause that can only be amended in accordance with the law.
This article was written with the support of Anthony Hallal, a lawyer. The Court recognized that Professor Ridds` past and future economic losses included the additional 17% of contributions to which he was entitled. To use this site, cookies must be enabled in your browser. To activate cookies, follow the instructions for your browser below. You have asked your employee to attend a disciplinary meeting and they are showing up with a union official. What should you do next? The presence of union officials at disciplinary meetings may seem like a legal minefield for employers. In this practical guide, we examine the differences between a person of assistance and a union representative and give advice on compliance with your legal obligations. “Other variants have also created much stronger job security for casual and fixed-term contract workers, while the JCU proposal does not include them,” McNally added. Most of the reward was compensation for the 58-year-old`s future economic loss, estimated at $836,000, because he would have worked full-time until age 60 and then worked part-time until age 63. “JCU management advised employees who voted last week for the variant to postpone their 2% increase from September 30, 2020 to December 31, 2021, but our legal advice is that the variation does not require the university to pay the 2% in December 2021,” says Dr. Jonathan Strauss, President of the NTEU JCU Branch.