Read The Times Australia

Daily Bulletin

What are universities for? If mainly teaching, can they sack academics for not meeting research targets?

  • Written by: Pnina Levine, Lecturer in Law, Curtin Law School, Curtin University

Questions about the purpose of universities have been highly topical lately. Federal Education Minister Dan Tehan has suggested the purpose of universities is to produce job-ready graduates – preferably in STEM (science, technology, engineering, maths) rather than HASS (humanities, arts, social sciences) areas.

This has spurred debate about the purpose of universities. Is it to “train young people for jobs” or to “nurture intellectual endeavour and the capacity for expansive conceptual thinking”? Put simply, is the primary focus of universities today meant to be education, or is it both education and research?

There appears to be no national consensus on these questions.

State laws on universities vary

One reason may be the lack of consistency in the objectives and functions set out in the different state laws that govern universities.

Former Chief Justice Robert French’s recent review of freedom of speech in higher education providers noted this inconsistency. Some university acts, he observed:

define the university’s functions by reference to the delivery of education, the provision of facilities for learning and research, and encouraging the advancement of knowledge.

French cited the Australian National University Act 1991 (Cth) as an example of this. Other university acts provide only a single object or none at all.

Read more: Coronavirus and university reforms put at risk Australia's research gains of the last 15 years

The High Court of Australia alluded to the lack of clarity resulting from this inconsistency in a 1982 case, Queen v McMahon; ex parte Darvall. It considered the general functions of universities to include education, research and the maintenance of intellectual standards and integrity.

The case of Zhao v UTS

More attention needs to be paid to the legislation governing universities when considering their purpose. The recent case of Zhao v University of Technology Sydney (UTS) illustrates the consequences of failing to consider this legislation. The Fair Work Commission instead opined about the purpose of a university and the primary working focus of its staff.

Zhao v UTS related to the dismissal of a business academic in mid-2019. UTS dismissed her for alleged unsatisfactory performance because she had failed to meet its research publication requirements.

UTS Business School building UTS Business School essentially dismissed the academic for failing to have at least one research article published in a high-ranked journal over a two-year period. Shahram Babakhanian/Shutterstock

She sued for unfair dismissal at the Fair Work Commission and won. In his March 2020 decision, the commission’s deputy president, Peter Sams, made some contentious observations on the purpose of universities.

[…] in my humble opinion, the teaching of future generations of tertiary qualified students of all ages is the primary purpose of a first-class university.

[…] achieving the top research rankings and reputation […] may tend to distract from the focus of providing a quality learning experience for students.

His reasoning appeared to be that the academic had performed satisfactorily in her teaching. There was no evidence she was failing in her administrative duties, which meant she was satisfactorily performing the majority of her job. This made it “difficult conceptually and rationally” to conclude that her performance was unsatisfactory overall, warranting dismissal.

Read more: Universities have gone from being a place of privilege to a competitive market. What will they be after coronavirus?

Sams did not, however, make any reference to the University of Technology Sydney Act 1989 (NSW). The act expressly states:

The object of the University is the promotion, within the limits of the University’s resources, of scholarship, research, free inquiry, the interaction of research and teaching, and academic excellence.

Commissioners divided on appeal

UTS sought to appeal the decision. Ruling on the university’s application, three Fair Work commissioners were split 2:1 as to whether Sam’s observations on the purpose of universities were “merely general observations” or formed part of his reasoning.

In their joint decision, Vice President Joseph Catanzariti and Commissioner Leigh Johns labelled his observations three times as “unhelpful”. They found, however, that these were “inconsequential musings” and not the critical “driving part” of the reasoning for the decision. They refused permission to appeal.

As they formed the majority, the decision that UTS had unfairly dismissed the academic stands.

Deputy President Alan Colman strongly disagreed. He considered the observations on the purpose of universities to be “highly relevant […] expressions of opinion”. He would have granted permission to appeal on the basis that UTS had not been heard on the purpose of the university and thus had been denied procedural fairness.

Front of Fair Work Commission building The Fair Work Commission’s failure to consider the University of Technology Sydney Act 1989 (NSW) in its decision was a striking omission. Shuang Li/Shutterstock

Universities still waiting for clarity

The case has left universities uncertain about their ability to manage the performance of staff who are not meeting research expectations.

Can a university justifiably dismiss an academic whose teaching performance is satisfactory but whose research is non-existent or inadequate? Or is the university obliged to retain the academic, although it has the power to transfer them to a teaching-focused position?

Read more: The government's funding changes are meddling with the purpose of universities

If the primary focus of a university is said to be teaching, as Sams suggested, a decision to dismiss an incompetent teacher may be reasonable, irrespective of their research performance.

Universities are likely waiting with anticipation to see if UTS takes the case to the Federal Court. We can only hope that if the court considers the purpose of universities relevant to the case, it gives some regard to the University of Technology Sydney Act 1989 (NSW).

Authors: Pnina Levine, Lecturer in Law, Curtin Law School, Curtin University

Read more https://theconversation.com/what-are-universities-for-if-mainly-teaching-can-they-sack-academics-for-not-meeting-research-targets-143091

Business News

The Business Case for Choosing Australian Fabricators Over Imported Alternatives

For a long time, you might have defaulted to overseas suppliers when sourcing fabricated metal components for a project. The unit price was lower on paper, and the maths seemed straightforward. That...

Daily Bulletin - avatar Daily Bulletin

Australian organisations are relying on business continuity plans built for a far more predictable world

Tariff escalations, supply chain fragility, geopolitical events, and the ongoing threat of cyber disruption have reshaped the risk environment facing Australian organisations. The problem is that ma...

Daily Bulletin - avatar Daily Bulletin

How to Rent a Car for Uber in Melbourne: What Every New Driver Needs to Know

Starting out as an Uber driver in Melbourne is not as complicated as it sounds but getting the vehicle right is where most new drivers get stuck. Uber has strict requirements around vehicle age, condi...

Daily Bulletin - avatar Daily Bulletin

When Should You Speak to a Lawyer About a Legal Issue?

Legal issues can begin with a simple question, then become harder to manage once formal steps are involved. Many people wait until a matter feels urgent before seeking guidance, even though earlier ...

Daily Bulletin - avatar Daily Bulletin

The strategic rise of Bali as Australia’s next essential healthcare support hub

As Australian healthcare providers grapple with unprecedented operational bottlenecks, a new nearshore model is quietly transforming patient care delivery. Forward-thinking organisations,  including...

Daily Bulletin - avatar Daily Bulletin

Cost Savings and Benefits of Using Used Pallets in Logistics

In today’s competitive logistics and supply chain industry, businesses are constantly looking for ways to reduce operational costs without compromising efficiency and reliability. One of the most prac...

Daily Bulletin - avatar Daily Bulletin

How Fulfilment Services in Australia Help Businesses Scale Efficiently

The growth of e-commerce and modern retail has transformed customer expectations. Consumers now expect fast shipping, accurate order processing, and seamless delivery experiences regardless of where...

Daily Bulletin - avatar Daily Bulletin

Practical Ways Australian Workplaces Can Reduce Operating Costs

Reducing business costs doesn’t always mean cutting staff, shrinking services or making the workplace feel bare-bones. In many cases, the smarter savings are hiding in everyday operations: the light...

Daily Bulletin - avatar Daily Bulletin

Executive Recruitment Solutions That Help Organisations Secure Exceptional Leaders

Leadership has a direct impact on organisational performance, employee engagement, strategic growth, and long-term success. Businesses operating in increasingly competitive environments require experi...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

What Happens After You Lodge a BYDA Enquiry? The Step Most Excavation Projects Miss

Every excavation project in Australia — from a backyard deck footing to a multi-storey commercial bu...

How to Choose the Right Dentist on the Gold Coast

Finding a dentist you trust is one of those decisions that quietly affects your health for years, ...

The Hidden Engineering Problem Inside Australia's Older Housing Stock

A significant share of Australian homes were built for a way of living that no longer exists. Houses...

DIY Rodent Control Vs Professional Help: When Is It Time To Call The Experts?

Rodents are one of the most frustrating pest problems for Australian property owners. Rats and mic...

Lighting Shop in Perth: How The Right Lighting Can Transform Your Home And Business

The right lighting can completely change the look, feel, and functionality of any space. Whether it ...

Traffic Light System Solutions For Safer And More Efficient Traffic Management

Modern cities and growing communities rely heavily on effective traffic management to ensure safety...

Gold Migration Lawyers in Liquidation: How the Closure Affects Your ART Appeal

If your appeal was with Gold Migration Lawyers, a recent change to how the Tribunal decides cases ...

The pressure cooker: life in urban Australia in 2026

Australian cities have always been demanding. Long commutes, rising housing costs, busy schedules a...

What Actually Makes a Good Criminal Lawyer in Melbourne

Most people only think about this question once. That is usually too late. Most people charged wi...