The National Tertiary Education Union has won a major wage theft case against Monash University over systematic underpayments to staff.
A Federal Court decision on Friday found Monash University had broken workplace law by failing to pay casual academics for student consultation work.
The amount of backpay owed to workers will be determined at a future hearing, but is expected to be worth millions of dollars. The Court is also yet to rule on what penalties the University will be required to pay for its contraventions.
The Federal Court also dismissed the University’s extraordinary claim that the NTEU had no right to enforce an expired enterprise agreement – a move that would have upended long-standing precedent on unions’ ability to take action on behalf of workers.
Quotes attributable to NTEU Monash Branch President Dr Ben Eltham:
“Today’s decision is vindication for thousands of casual and insecure teachers who have had their wages stolen by Monash University.
“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.
“This case raises serious issues about the governance of Monash University.
“We first brought this matter to the attention of Monash University Council in 2021 and again in 2022; Chancellor Clark was on the Council at the time. The University denied everything and insisted they’d done nothing wrong.
“We say to Vice-Chancellor Pickering: don’t appeal this decision. Don’t waste any more staff and students’ money on lawyers: instead, do the right thing and pay back your teachers what they are lawfully owed.”
Quotes attributable to NTEU Victorian Division Secretary Sarah Roberts:
“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.”
“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."
Quotes attributable to NTEU National President Dr Alison Barnes:
“This is an enormous victory for staff who have bravely stood up against appalling conduct that is symptomatic of the governance crisis engulfing Australian universities.
“Monash has been one of the epicentres of the $400 million national wage theft earthquake that has rocked public universities.
“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.”
Quotes attributable to NTEU Monash branch casual academic, Michael Cieravola:
“It’s clear now that this was required consultation work, and should have always been paid. Monash’s refusal to pay sessional staff fairly for their labour was just another example of their growing and damning record of wage theft.
“Consultation is a vital part of the student learning experience, and Monash’s refusal to acknowledge and pay for that service shows that the priority was finances over educational outcomes.”
Contact details:
Ben Eltham 0422 987 538 / Matt Coughlan 0400 561 480