Recent Cases

University of Sydney v National Tertiary Education Industry Union [2024] FCAFC 57 (17 May 2024) (Perram, Lee and Kennett JJ)


INDUSTRIAL LAW – university – right to intellectual freedom – appeal of remitter judgments – where primary judgment appealed to Full Court – where Full Court allowed appeal and remitted matters to primary judge for hearing and determination – alleged contravention of s 50 of the Fair Work Act 2009 (Cth) – whether open to appellant to raise issue of onus of proof where issue had not been substantively raised before primary judge, in the first appeal or on remittal – whether primary judge erred by proceeding on basis that appellant bore onus of proof – whether onus of proof discharged – whether primary judge gave adequate reasons – whether second respondent’s comments constituted exercises of intellectual freedom – whether second respondent committed “serious misconduct” by disobeying lawful directions in making the comments that were alleged exercises of intellectual freedom