Dr Robert Austin, Course Coordinator of Spanish and Lecturer in the School of International and Community Studies, at RMIT Melbourne was given notice of dismissal after a campaign by right-wing columnist Andrew Bolt. It seems Dr Austin only "crime" was re-scheduling a class so his students could attend a protest against the government's attacks on student unions.

The Defend our Universities committee has released a pro-forma protest letter to send to the Vice Chanellor of RMIT. Union Solidarity encourages all its supporters to fill out our online form and send it to the Vice Chanellor. Dr Austin's job is in the balance if enough people protest the dismissal he could get his job back.

Brief Chronology
2005
Sept:
New HOS (Head of School) abruptly terminates probation meeting after Dr Austin and union delegate object to illegal tape recording of the meeting.

At re-scheduled meeting, management tables Andrew Bolt article. HOS alleges anonymous complaints against Dr Austin, but fails to provide evidence.

October
4: Management emails all casual staff under Dr Austin’s supervision to attend meetings; Dr Austin is excluded from these meetings.

12: Final probation meeting, HOS again alleges anonymous complaints. Dr Austin and NTEU rep request evidence but again, the request is denied. HOS recommends dismissal.

21: Vice Chancellor (VC) confirms Dr Austin’s dismissal, effective 24 April 2006. One week later, management breaches Enterprise Bargaining Agreement by illegally removing Dr Austin from all program responsibilities.

November
Defend Our Universities (DOU) committee formed to campaign for Dr Austin’s reinstatement

30: Forty-plus people attend a public meeting at RMIT, unanimously condemn management tactics and demand Dr Austin’s re-instatement. Following week, fifty students picket RMIT Chancellery.

December
9: NTEU branch president advises VC that the dispute “is based on the University’s failure to properly apply the principles of natural justice”, NTEU lodges dispute with Industrial Relations Commission (AIRC) ten days later.

2006
March
20: Austin re-lodges dispute, hands over to CMFEU-recommended barrister. DOU committee sets up fighting fund. New hearing dates are pending.

31: At AIRC conference RMIT management, despite its consistent response to international and local protests against dismissal that it would await AIRC arbitration, sought suppression of matter by opposing jurisdiction on the S170LW (EBA) application. It had not opposed jurisdiction in January, but disingenuously chose to in late March. Commissioner Richards—former chief-of-staff to Howard’s employment minister Peter Reith (Workplace Express, 3/5/06)—indicates that he considers it unfair on management that the matter be heard before 24 April 2006, date upon which any protective action under the EBA expires.

April
15: Successful solidarity fundraiser-fiesta backed by Union Solidarity and Defend Our Universities Committee attracts around fifty activists and supporters. SKA-TV later televises excerpts and interviews.

18: Commissioner Richards rules in Dr Austin’s favour on jurisdiction, but then rejects his application to grant an injunction restraining RMIT from giving effect to the dismissal until the matter is heard. Dr Austin’s barrister then proposes to management that it place him on leave-without-pay until the matter can be adjudicated under the EBA, no later than end June. Management refuses. Barrister then re-submits application for an injunction, accounting for RMIT's objections to it. Again Commissioner Richards refuses the injunction.

24: Dismissal effected. Management prematurely closes Dr Austin’s computer access, barring him from on-line records of work and the dispute, including hundreds of support messages. Email records remain unavailable for four months.

July
13: Unfair Dismissal case opens in the AIRC, Melbourne, with compulsory conciliation conference before Commissioner Cribb. Consistent with its practice throughout of publicly supporting a resolution through formal industrial relations and then opposing any hearing of the dispute in court, management notifies its intention to oppose jurisdiction and have the matter struck out. However, the conciliation conference takes precedence; and the parties reach an in-principle confidential settlement.

October
The parties sign the settlement. In the process, RMIT’s attempt to insert a clause suppressing any public mention of the proceedings is rejected. Legally, the matter is at an end.

Summary.
The dispute over the Murdoch press-driven political dismissal of Dr Austin from RMIT this year (2006) has now been settled under Unfair Dismissal legislation in the Australian Industrial Relations Commission. The limited gains in this dispute graphically demonstrate that decent-minded and committed supporters of public higher education, working together, can influence the political struggle to reclaim our universities as open democratic spaces, where full student participation and intellectual diversity overcome the ignorance, fear and conformism promoted by the mainstream press, multinational capital and neocon managements.

Full Chronology up March 2006 | Stop the sacking of Robert Austin leaflet

online protest letter | Defend Robert Austin Website | fundraiser 15 April
Background: Fifty at protest | Bolt Strikes Lecturer | Bolting to the Right | GreenLeft Article | Defend our Universities...

Labels: Robert Austin