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Journal > Swinburne Tafe Agreement

Swinburne Tafe Agreement

October 10th, 2021

In sentencing under section 546 of the Act, Mortimer J.A. considered the nature and gravity of the conduct and, first, found that the conduct constituted a threat to take adverse rather than adverse measures. Second, she acknowledged her honour that Swinburne, in order to avoid the transfer of protection provisions of the Act, had adopted a carefully planned and thoughtful plan involving senior managers to recruit new collaborators, with the intention of making employed workers lose their jobs for a long time. Third, Justice Mortimer emphasized that Swinburne is a large institution capable of obtaining experienced legal and industrial advice and is accustomed to cooperating with trade unions. Finally, she stressed her honour that, given that Swinburne had recently been found to be against the law, both specific and general deterrence were required. In particular, it stressed the need to draw the attention of higher education institutions to their obligations towards workers in the event of restructuring. Section 340(1)(a)(i) of the Act prohibits an employer from taking or threatening adverse measures that adversely alter a worker`s position because the worker “has the right to an instrument of employment”. In March 2015, the parties entered into an agreement in which Swinburne acknowledged its conduct in implementing and implementing measures to create SCPL and that the transfer of activities from HC to SCPL constituted a violation of Section 340(1)(i). . . .

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