Sue Bull
University of Ballarat workers engaged in a class action against their employer have declared victory in the first round. Interlocutory action against the university's use of Australian Workplace Agreements (individual contracts) was heard in the Federal Court on February 22 and 24.
Maurice Blackburn Cashman, acting on behalf of the staff, argued that the university had provided false and misleading information about the AWAs. On February 24 the court directed the university to issue statements of clarification to all staff explaining which conditions are reduced by the AWAs. The university has also been restrained from offering AWAs for at least seven days.
While the full injunction was not granted, the judge found that there was a case to be heard and the action goes to trial later in 2006.
The lead applicant in the class action, Jeremy Smith, who is also the branch president of the National Tertiary Education Union, told Green Left Weekly he was overjoyed. "This vindicates what we've been saying all along. The AWAs, like the non-union agreements voted down by staff last year, are a wedge designed to break down the collective influence of the unions at this institution.
"This legal win has given us a real boost, but it's only one weapon in our armoury. We've got a number of tactics to help us get a union-based agreement up this year."
Around 50 ecstatic NTEU members attended a snap media conference.
From Green Left Weekly, March 8, 2006.
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