Monash University will back-pay thousands of casual academics for almost a decade of wage theft after the National Tertiary Education Union secured a landmark legal win.
Under the historic settlement, Monash will back-pay all casual Teaching Associates who performed unpaid student consultation over the past nine and a half years, in what is expected to be an eight-figure remediation program which could affect thousands of current and former staff.
The university will also pay the NTEU $450,000 in contrition and submit to monthly reporting requirements on the progress and scale of the remediation program through an independent oversight mechanism. The contrition payment is in lieu of any penalties NTEU would seek if it had continued its proceeding in the Federal Court.
NTEU Victorian Secretary Sarah Roberts said the settlement vindicated the union's long campaign against wage theft in universities.
"This victory belongs to every casual academic who has felt the devastating consequences of wage theft,” she said.
“Monash fought us every step of the way – even trying to retrospectively change its own enterprise agreement to avoid their obligations – but justice has prevailed.
"The scale of this landmark settlement reveals the truth about Australian universities: systemic wage theft underpins their business models. This stops now."
The NTEU first filed Federal Court proceedings in September 2022 on behalf of casual Teaching Associates directed to deliver student consultations without separate payment.
Monash argued this work was already covered by tutorial rates – a position comprehensively rejected by Justice Snaden in July 2024.
The Court found Monash breached both its 2014 and 2019 enterprise agreements and contravened the Fair Work Act by failing to maintain proper records.
Two lead applicants, Dr James Kent and Mr Michael Ciaravolo, received compensation amounts ordered by the Court of $44,007 and $5,429 respectively, plus interest and superannuation. Mr Ciaravolo is set to receive additional compensation as part of the more beneficial remediation program negotiated by NTEU as part of the settlement.
NTEU National President Dr Alison Barnes said the case sent a powerful message to the entire sector.
"While Monash was arguing in court that they didn't have to pay staff for required work, their vice-chancellor was taking home over a million dollars a year,” she said.
“This settlement proves what we've been saying all along – wage theft in universities is systematic, deliberate, and indefensible.
"The $450,000 contrition payment will strengthen our capacity to root out wage theft across the sector. Every dollar will go toward building union power and ensuring we stamp out the national disgrace of university wage theft."
The settlement follows Monash's failed attempt to retrospectively vary its own enterprise agreement through the Fair Work Commission – an "extraordinary" move dismissed at both first instance and on appeal.
"We're grateful Monash finally abandoned its aggressive tactics and agreed to deliver justice for staff. But let's be clear – this settlement came despite the university's efforts, not because of them. It took Federal Court action and years of union campaigning to force them to pay what they always owed," Ms Roberts said.
Nationally, underpayments across the sector exceed $284 million and universities have made provisions for a further $168 million taking the total beyond $450 million.
Contact details:
Matt Coughlan 0400 561 480 / [email protected]