National Tertiary Education Industry Union v University of Sydney [2021] FCAFC 159 (31 August 2021) (Allsop CJ, Jagot and Rangiah JJ)


Catchwords:


INDUSTRIAL LAW – university – right of intellectual freedom – whether primary judge erred in construction of right of intellectual freedom in enterprise agreement – whether primary judge erred in finding that exercise of intellectual freedom can constitute “misconduct” or “serious misconduct” within meaning of enterprise agreement – whether conduct in posting photo to social media was sufficiently connected to his employment to constitute “misconduct” – whether University gave lawful and reasonable instruction to remove photo – whether failing to remove photo constituted “misconduct” – appeal allowed – matters remitted to primary judge for hearing and determination.