Thousands of casual tertiary academics in Australia will receive over $10 million in back-pay following a settlement between Monash University and the National Tertiary Education Union (NTEU) concerning wage theft claims. The settlement, reached in the Federal Court, affects all current and former casual teaching associates who conducted unpaid student consultations over the past nine and a half years.
Under the terms of the settlement, Monash University will also pay a $450,000 contrition amount to the NTEU and commit to monthly reports on the progress of its remediation program. The university has acknowledged its failure to adhere to proper record-keeping practices, which contributed to the wage theft issue.
Co-lead applicant Michael Ciaravolo, who received $5,429 as part of the settlement, expressed his relief and satisfaction with the outcome. “This was about a massive number of people being pushed into a practice of wage theft… and it’s about the legal system rightly recognising that,” Ciaravolo stated. His sentiments were echoed by NTEU officials, who described the settlement as a significant victory for casual academics.
The legal proceedings began in September 2022, when the NTEU filed a case on behalf of Ciaravolo and colleague James Kent. They argued that casual teaching associates were directed to conduct student consultations without additional compensation, a claim the university contested by stating that these duties were covered under existing tutorial rates. However, Justice John Snaden ruled against Monash, determining that the university had breached its enterprise agreements established in 2014 and 2019 and violated the Fair Work Act.
Ciaravolo highlighted the financial strain that unpaid consultations placed on casual workers. “This practice meant you were effectively there all the time to make these hours available despite not being remunerated for it,” he explained. The ramifications of this wage theft extended beyond individual financial burdens, affecting the livelihoods of many casual academics across the sector.
NTEU’s Victorian Secretary Sarah Roberts remarked that the settlement serves as a vindication for all casual academics affected by wage theft. “Monash fought us every step of the way… but justice has prevailed,” she stated. Roberts emphasized the systemic nature of wage theft in Australian universities, asserting that this settlement must prompt lasting changes in university payment practices.
In response to the ruling, Monash University has revised its policies to ensure compliance with the court’s decision and the interpretation of its enterprise agreements. A spokesperson for the university noted, “This agreement provides resolution to a Federal Court decision that clarified a long-standing ambiguity in our enterprise agreement.” They further committed to a proactive remediation program to identify and compensate affected staff.
Alison Barnes, President of the NTEU, reinforced the significance of the case, stating it sends a powerful message regarding the prevalence of wage theft in the higher education sector. Recent estimates suggest that underpayments across Australian universities have surpassed $450 million nationally, highlighting the urgent need for reform.
The settlement not only addresses past injustices but also sets a precedent for improved practices in universities across Australia. As Monash University takes steps to rectify its policies, the case underscores the broader implications of wage theft and the importance of accountability within the education sector.
