'Punched in the guts': Sacked academics take uni to Fair Work Commission

Jumana Bayeh says being told she would be made forcibly redundant was like being "punched in the guts". (ABC News: Chris Taylor) The National Tertiary Education Union says two decorated academics were illegally sacked because of their advocacy and is taking legal action to have them reinstated. Macquarie University denied the accusations "in the strongest possible terms", saying its redundancy process was "rigorous and fair". The union said it was extremely rare for it to fund this kind of legal action. Link copiedShareShare articleTwo academics from Macquarie University have alleged their positions were made forcibly redundant because of their union activity in what would amount to an illegal breach of their workplace rights. The National Tertiary Education Union (NTEU) will fund legal action in the Fair Work Commission (FWC) seeking the women's reinstatement to their jobs after the university's own review raised concerns about the process. Macquarie University declined an interview request, but in a statement denied the accusation "in the strongest possible terms" and said targeting union members would be "unlawful". The statement said, "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." The university said the changes to the Faculty of Arts and Engineering resulted in 61 redundancies, most of them 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," a university spokesperson said. However, Jo Faulkner, from the Faculty of Arts, is pursuing legal action after being told last year that she would be one of nine academics made forcibly redundant. Dr Faulkner is the current NTEU vice-president of the Macquarie University branch and, until recently, represented staff on the academic senate, a key governance body. That work led to disputes with management over recent years as the wider sector grappled with funding challenges and pursued controversial change proposals. Jo Faulkner says she was often on the "front lines" of battles between university management and staff. (ABC News: Chris Taylor) She alleged her redundancy resulted from this advocacy and disputes with management. "I think that's part of the strategy and it's illegal," she said. Macquarie University rejected the accusation that union advocacy or disputes with management played a role in the redundancy. "The university rejects this assertion," a spokesperson said. After she received notice of her redundancy, Dr Faulkner had the decision examined by a three-person Redundancy Review Committee (RRC). The RRC was composed of a staff member chosen by management, a staff member chosen by the union and chaired by a staff member considered neutral. It undertook a lengthy review process involving six meetings and hearing evidence from witnesses. The RRC found two to one in Dr Faulkner's favour, concluding there were risks the redundancy panel may not have been able to make an objective decision, partly because of her union advocacy. The University of Newcastle has been found to be worst in class when it comes to staff wellbeing, now an academic with terminal cancer is speaking out about it because others fear they cannot. It said it could not be confident the university acted "fairly and properly" in selecting Dr Faulkner for redundancy. However, the management-appointed review committee member rejected those concerns and said the university did act "fairly and properly". A senior manager then reviewed the panel's concerns and told Dr Faulkner the redundancy would proceed as planned. "It's been devastating. I'm 54, so I think this is career-ending, really," Dr Faulkner said. Middle East Studies expert Jumana Bayeh, also from the Faculty of the Arts, is the second academic pursuing a fair work claim after being made forcibly redundant. "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, in order to become an employed academic, had just been ripped away from me." Dr Bayeh said she publicly challenged earlier management decisions at the FWC and a state government inquiry into university governance, which she believes made her a "target". In its statement, Macquarie University said it was unaware of the union membership details of staff. "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. Dr Bayeh also sought a review from the Redundancy Review Committee. In a unanimous decision, it found the university did not act "fairly and properly" in selecting Dr Bayeh for redundancy. The committee did not examine what role D

'Punched in the guts': Sacked academics take uni to Fair Work Commission

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