Recent Cases

Burt v University of Sydney [2026] FCAFC 129 (23 September 2026) (Wigney, Snaden and Shariff JJ)


Catchwords:


REPRESENTATIVE PROCEEDINGS – representative proceeding pursuant to pt IVA of the Federal Court of Australia Act 1976 (Cth) – where domestic students of the first respondent (the “University”) who had been accepted as candidates for higher degrees by research (“HDRs”) received certain Commonwealth scholarships – whether contractual arrangements such that engagement was not one of University and student but one of employer and employee – whether the University contravened s 50 of the Fair Work Act 2009 (Cth) by failing to pay minimum entitlements under enterprise agreements that covered the University and its employees – features of contract of service – whether arrangements featured the requisite mutuality of obligation – significance of control – where the primary judge concluded that the relationship between the appellant and the University was not one of employment – appeal dismissed