Union claims ‘massive win’ in underpayment case against Monash University

The Federal Court has found that Monash University had breached workplace law by failing to pay casual academics correctly at its institution.

The National Tertiary Education Union (NTEU) has claimed a “major” win over Monash University in a wage theft case where the university failed to pay casual academics for student consultation work – with penalties for the contraventions and back-pay amount still yet to be determined.

“[The] decision is vindication for thousands of casual and insecure teachers who have had their wages stolen by Monash University,” said NTEU Monash branch president Dr Ben Eltham.

“Casual academics at Monash University do huge amounts of the teaching here. Just like any other worker, they deserve to be paid for all the hours they work.

“This is the third different tranche of wage theft at Monash University since 2021. So far, the university has admitted to underpaying more than 9,000 staff members more than $17.6 million.”

Eltham has pointed towards this case and others as a true indictment of the governance persisting at Monash University.

“This case raises serious issues about the governance of Monash University,” Eltham said.

NTEU Victorian division secretary Sarah Roberts claimed that the case sends a “clear message” to universities right across Victoria.

“This is a massive win that sends a clear message to every university in Victoria – the NTEU will expose and fight wage theft every step of the way,” Roberts said.

“Monash has an appalling track record on underpaying staff that makes it one of the state’s worst university wage thieves. It’s time to stop trying to use every legal trick in the book to dodge responsibility and pay up.”

As previously reported by HR Leader, systemic payroll issues at the University of Melbourne led to $72 million in payments to more than 25,000 underpaid staff as another Victoria-based institution was forced to enter an enforceable undertaking with the Fair Work Ombudsman (FWO).

Speaking on the major underpayments at the time, Fair Work Ombudsman Anna Booth said: “We’ve been very clear for several years that addressing the systemic issues in the university sector is one of our top priorities, and we look forward to working with the leadership teams at universities nationally to assist them to do the sustained, smart work required to ensure full compliance with workplace laws.”

NTEU national president Dr Alison Barnes argued that the problem with wage underpayments at Australian universities has arrived at a stage where federal and state government intervention is desperately needed.

“Wage theft and the exploitation of an increasingly insecure workforce is one of the key reasons the NTEU is campaigning so hard for real governance reform that holds university leaders to account for shocking conduct.

“We need major changes at federal and state levels to end wage theft and put a serious governance regime in place to stamp out these shameful practices once and for all,” Barnes said.

The union claimed that, altogether, the back payments and penalties for this contravention are expected to be in the millions.