National Tertiary Education Industry Union-Victorian Division (283V-VICD) v The University of Melbourne
Citation: [2026] FWC 2721
What happened
The National Tertiary Education Industry Union (NTEU) and The University of Melbourne are disputing the meaning of clause 2.11.13.1 within their Enterprise Agreement 2024. This clause pertains to academic workload, specifically a minimum 20% non-education activity for research, academic currency, and professional practice. The NTEU argues academics should be able to use all of this time for research, while the University believes supervisor agreement is always required. They also disagree on the meaning of 'professional practice'. A co-worker provided witness testimony.
What was decided
The Fair Work Commission has not yet issued a final decision on the dispute. The Commission noted that both parties are currently negotiating a new enterprise agreement. It acknowledged the submissions from both sides regarding the interpretation of clause 2.11.13.1 and the meaning of 'professional practice'. The NTEU argued for academics' ability to choose research time, while the University emphasized supervisor agreement. The Commission will consider these arguments and the surrounding circumstances to determine its decision.
What it means for employers
Employers should ensure that enterprise agreements are clear and unambiguous regarding workload allocation and employee rights. When negotiating agreements, consider the potential interpretations of clauses and how they might impact operational practices. Guidelines implementing agreement terms must align with the agreed language to avoid disputes.
What it means for employees
Employees should review their enterprise agreements carefully and understand their rights regarding workload allocation. If disagreements arise about interpretation or implementation, explore dispute resolution procedures outlined in the agreement. Collective bargaining through unions can be effective in securing favourable outcomes.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →