The Federal Court has found for Uni Sydney academic Tim Anderson in a significant judgement for enterprise bargaining

The university dismissed Dr Anderson for what it considered serious misconduct ,over comments and actions, including a lecture slide imposing a Nazi swastika on the flag of Israel.

However after a long legal process Federal Court Justice Thawley has found the university was wrong to do so, that Dr Anderson exercised his right to free speech, as covered by the university’s enterprise agreement.

According to the National Tertiary Education Union, which backed him, “this case was never about what Dr Anderson said …(it)  is a win for academic freedom and the enterprise agreement which upholds that critical principle.”

It is a big deal for enterprise bargaining, now underway, or about to be, at universities across the country.

Universities often prefer to base free speech protections on policies – Uni Sydney stated Friday, that it “is deeply committed to the expression and protection of intellectual freedom in line with the principles set out in our Charter of Freedom of Speech and Academic Freedom.” The  free speech code drafted by former chief justice Robert French and adopted across the system is also suggested to provide sufficient protection.

However the NTEU has long been determined to codify free speech protections in enterprise agreements because they can stand up in courts by (CMM October 10).

It will be even more determined now.