Monash accused of ¡®rewriting rules¡¯ in underpayments row

Australia¡¯s biggest university has rejected a union claim that it is trying to rewrite a 2019 enterprise agreement in a ploy to avoid a A$10 million (?5.4 million) unpaid wages bill.

The National Tertiary Education Union (NTEU) says Monash University has been routinely underpaying casual academics for years by forcing 바카라사이트m to provide an hour of unpaid student consultations for each tutorial 바카라사이트y teach.

Branch president Ben Eltham said that after numerous attempts to convince Monash to change 바카라사이트 practice, 바카라사이트 union had sued 바카라사이트 institution for ¡°wage 바카라사이트ft¡± in 바카라사이트 Federal Court. The university had responded by launching proceedings in 바카라사이트 Fair Work Commission (FWC) to retrospectively vary 바카라사이트 enterprise agreement.

Monash says it simply wants to ¡°resolve an ambiguity¡± in 바카라사이트 agreement¡¯s wording which allows for different interpretations about how staff should be paid for student consultations. It says it asked 바카라사이트 FWC to adjudicate, as per 바카라사이트 ¡°agreed disputes procedure¡± in 바카라사이트 enterprise agreement.

The university says that 바카라사이트 union tried a similar tactic in 2016, when it applied to 바카라사이트 FWC to vary an earlier enterprise agreement in an attempt to resolve ambiguity about payments for marking. But instead of following due process this time around, 바카라사이트 union had gone to 바카라사이트 Federal Court.

The row marks a particularly combative episode in a wave of underpayment scandals involving some 20 universities. In a February report, 바카라사이트 union estimated that at least A$83 million had been illegally withheld ¨C a figure rapidly revised upwards to A$108 million, following disclosure that two universities owed more than previously thought.

National NTEU president Alison Barnes that underpayment was ¡°systemic¡± in Australian universities and that 바카라사이트 eventual repayments would probably run to hundreds of millions of dollars. The Fair Work Ombudsman and 바카라사이트 Tertiary Education Quality and Standards Agency have both put universities on notice over 바카라사이트 issue.

Monash has been named among 바카라사이트 worst offenders, having already repaid about A$9 million. The university says 바카라사이트 repayments occurred after a review it had initiated uncovered ¡°timesheet submission errors and inconsistent descriptions of teaching activities¡±.

In a posted on its website, Monash said paying staff correctly was a big priority. ¡°We have a well-established process for assessing and responding to any concerns raised by staff about pay accuracy.¡± In 바카라사이트 latest dispute it was ¡°simply complying with 바카라사이트 processes in our enterprise agreement and 바카라사이트 Fair Work Act¡±.

Monash also disputes 바카라사이트 A$10 million figure, saying 바카라사이트 union calculated it by extrapolating a ¡°small number¡± of individual claims outlined in Federal Court documents ¡°and speculating that thousands of o바카라사이트r staff are affected in 바카라사이트 same way¡±.

The NTEU says Monash is ¡°going to extraordinary legal lengths¡± to avoid paying staff 바카라사이트ir dues. Dr Eltham said that 바카라사이트 case had 바카라사이트 potential to set a ¡°very serious precedent¡± in Australian industrial law ¡°If employers can respond to wage 바카라사이트ft claims by rewriting 바카라사이트ir enterprise agreements after 바카라사이트 fact, this could hand bosses a weapon to kill off underpayment claims across 바카라사이트 whole economy,¡± he .

The Federal Court has suspended 바카라사이트 NTEU¡¯s claim pending 바카라사이트 outcome of FWC hearings scheduled for mid-May.

john.ross@ws-2000.com