Soliman v University of Technology, Sydney (No. 2)

[2009] FCAFC 173

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Interrogate

Catchwords

1. Industrial Law (Cth)
2. › Workplace agreements
3. › Union collective agreements
4. › Disciplinary procedures
5. › Misconduct investigation committee
6. › Whether committee required to make unanimous findings of fact
7. › Whether non-unanimous report sufficient for Vice-Chancellor to exercise disciplinary power
8. › Workplace Relations Act 1996 (Cth), ss 328, 351
1. Industrial Law (Cth)
2. › Workplace agreements
3. › Union collective agreements
4. › Disciplinary procedures
5. › Vice-Chancellor's power to take disciplinary action
6. › Whether Vice-Chancellor precluded from considering views of persons other than the committee
7. › Propriety of Acting Vice-Chancellor having regard to briefing by Vice-Chancellor
1. Industrial Law (Cth)
2. › Workplace agreements
3. › Union collective agreements
4. › Relationship with contract of employment
5. › Whether union collective agreement forms part of contract of employment
6. › Statutory character of rights under workplace agreement
7. › Workplace Relations Act 1996 (Cth), ss 349, 351

Quick Take

Investigation committees are not required to produce unanimous findings where disciplinary procedures under collective agreements involve public duties, and the decision-maker is not confined to considering only the committee's report.