Two academics at Macquarie University have launched legal action alleging they were forcibly made redundant because of their union activities, raising concerns about workplace rights and academic freedom within the institution according to ABC.
The National Tertiary Education Union (NTEU) is funding Fair Work Commission proceedings seeking the reinstatement of the two academics after an internal review process raised questions about the university's redundancy decisions.
Macquarie University has strongly denied the allegations, stating that its 2025 staffing changes were conducted lawfully and in accordance with its enterprise agreement, university policies and Australian workplace laws.
"The university's staffing changes of 2025 followed a rigorous and fair process conducted in accordance with the enterprise agreement, university policy and Australian law," a university spokesperson said.
The university said restructuring within its Faculty of Arts and Engineering resulted in 61 redundancies, the majority of which were voluntary.
"Selection decisions were based on objective, forward-looking criteria, including school and faculty needs, demonstrated performance relative to opportunity and alignment with institutional priorities," the spokesperson added.
Redundancy dispute
One of the academics pursuing legal action is Jo Faulkner from the Faculty of Arts, who was informed last year that she would be among nine academics selected for compulsory redundancy.
Dr Faulkner currently serves as vice-president of the NTEU branch at Macquarie University and until recently represented staff on the university's academic senate. Her role frequently placed her at the centre of disputes between staff and management during a period of significant change across the higher education sector.
"I was very much always on the front lines of battles between management and staff," Dr Faulkner said.
She believes her redundancy was linked to her union advocacy and previous disagreements with university management.
"I think that's part of the strategy and it's illegal," she said.
Macquarie University rejected the allegation, maintaining that union activity played no role in the redundancy decision.
Review findings
Following notification of her redundancy, Dr Faulkner sought a review through the university's Redundancy Review Committee (RRC), a three-member panel comprising a management representative, a union-appointed representative and an independent chair.
After reviewing evidence and hearing witness testimony across six meetings, the committee found by a two-to-one majority that there was a risk the redundancy panel may not have been able to make an objective decision due in part to Dr Faulkner's union advocacy.
The committee stated it could not be confident that the university had acted "fairly and properly" when selecting her for redundancy.
However, the management-appointed committee member disagreed with those conclusions, and a senior university manager later upheld the redundancy decision.
"It's been devastating. I'm 54, so I think this is career-ending, really," Dr Faulkner said.
Second legal claim
Middle East Studies academic Jumana Bayeh is also pursuing a Fair Work Commission claim after being selected for compulsory redundancy.
"It was like being winded, punched in the guts," Dr Bayeh said.
"And all the things I'd worked towards, and all the things I'd worked through, to become an employed academic, had just been ripped away from me."
Dr Bayeh said she had previously challenged university management decisions before the Fair Work Commission and during a state government inquiry into university governance. She believes those actions contributed to her being singled out.
Macquarie University said it was unaware of the union membership status of staff members and reiterated its commitment to constructive engagement with employee representatives.
"Aside from being aware that such conduct would be unlawful, the university is proud of its long history of facilitating constructive relations with staff union representatives," a spokesperson said.
Transparency concerns
Dr Bayeh also sought a review through the RRC, which unanimously concluded that the university had not acted "fairly and properly" in selecting her for redundancy.
While the committee did not assess whether union advocacy influenced the decision, it criticised the fairness and transparency of the selection process.
"A sense of relief, I guess, of vindication, washed over me that it was a unanimous decision from the panel of three," Dr Bayeh said.
"But at the same time, just absolutely gutted and crestfallen that the university or senior management at the university decided to uphold the redundancy decision."
The NTEU described it as highly unusual for concerns raised by the RRC to be disregarded and said the committee's findings would form a central part of both legal cases.
"Staff at Macquarie, our members, feel a deep sense of injustice. The change process at Macquarie, which has led to redundancies, has been really, really destructive," said Damien Cahill, NSW secretary of the NTEU.
Poster controversy
The dispute has also reignited debate over the university's relationship with organised labour following an incident involving Faculty of Arts Executive Dean Chris Dixon.
The NTEU and the academics pointed to footage allegedly showing Professor Dixon removing union posters during a university open day last year, arguing it reflected broader anti-union sentiment within senior management.
"He's essentially their boss. I've never heard of a senior management figure at a university going round and ripping down union posters," Dr Cahill said.
"And it really demonstrates the clear anti-union bias that exists within the senior leadership at Macquarie University."
The university rejected that interpretation, saying the posters had been removed because they were displayed without authorisation.
"Professor Dixon removed the posters because they had been placed without authorisation and outside the university's established processes for displaying materials on campus, not because of their union content," a spokesperson said.
The university also noted that the NTEU had been provided with a prominent stall location during the event to engage with staff, students and visitors.
Legal battle ahead
Macquarie University maintains that the Redundancy Review Committee's findings are advisory rather than binding under the enterprise agreement and that it was entitled to proceed with the redundancies.
"The Redundancy Review Committee (RRC) is not a decision-maker under the terms of the enterprise agreement, so it was not 'overturned'," the spokesperson said.
"The RRC provides advice on whether it considers fair and objective criteria were used and whether the university acted fairly and properly in the selection of staff against those criteria."
The legal claims brought by Dr Faulkner and Dr Bayeh are yet to be tested before the Fair Work Commission, where the academics will seek reinstatement and challenge the circumstances surrounding their redundancies.