Macquarie Uni adverse action: RRC finds 61 redundancies not ‘fair’ for 2 union academics

For employment and industrial lawyers, the Macquarie redundancy challenge offers a textbook test of adverse action provisions under the Fair Work Act. With an internal review committee already casting doubt on the fairness of the selection process, the Fair Work Commission now has a rare window into employer motive—and a chance to clarify the evidentiary burden in union-targeting claims.

Macquarie University faces escalating legal risk as the Fair Work Commission examines whether it illegally targeted union-active academics in a round of 61 redundancies across the Faculty of Arts and Engineering. Two academics, Jo Faulkner and Jumana Bayeh, have lodged claims alleging their selection for redundancy was motivated by their union advocacy and previous challenges to management, which would constitute adverse action under Australia’s Fair Work Act. The Redundancy Review Committee, an internal body, examined both cases and found the university may not have acted fairly and properly—unanimously in Bayeh’s case and by a split decision for Faulkner. These findings, while non-binding, provide powerful ammunition for the applicants and expose flaws in the decision-making process.

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Macquarie University faces escalating legal risk as the Fair Work Commission examines whether it illegally targeted union-active academics in a round of 61 redundancies across the Faculty of Arts and Engineering.

The case highlights a broader pattern of industrial tension in Australian higher education, where staff reductions driven by financial pressures and restructuring often collide with strong union representation. The National Tertiary Education Union has been vocal about what it calls a culture of managerial overreach, and the Macquarie allegations feed into a narrative that universities are using voluntary redundancies as a veil for targeted cuts. Macquarie denies any knowledge of union membership status and asserts its long-standing constructive relations with staff representatives, but the RRC’s censure suggests the selection criteria and process may have been deficient.

Legally, the Fair Work Commission will need to determine whether the real reason for the redundancies was operational or retaliatory. Under the general protections provisions, an employer cannot take adverse action against an employee because they engaged in industrial activity. If the commission finds in favor of the academics, Macquarie could face orders for reinstatement or compensation, plus reputational damage that may embolden further claims. The case also raises procedural questions: the RRC process, though advisory, revealed that the university struggled to demonstrate fairness—a red flag for HR compliance in any large organization.