Monash faces underpayment lawsuit after rewrite bid fails again

Australia¡¯s academic union says it will resume a A$9?million (?4.7?million) underpayment lawsuit after 바카라사이트 industrial umpire dismissed Monash University¡¯s appeal against a?decision barring it?from retrospectively changing its?enterprise agreement.

The ends a year-long pause in?National Tertiary Education Union (NTEU) proceedings to?force Monash to?remunerate about 4,500 current and former casual staff for unpaid student consultations.

Last year, 바카라사이트 university attempted to head off 바카라사이트 union¡¯s action by amending 바카라사이트 2019 enterprise agreement. A?newly inserted sentence would have defined scheduled staff-student interactions occurring up to a week before or after related lectures and tutorials as ¡°contemporaneous consultations¡± requiring no?payment.

In June, Fair Work Commission (FWC) deputy president Andrew Bell rejected 바카라사이트 university¡¯s application to rewrite 바카라사이트 agreement, saying staff¡¯s legal rights would have been ¡°adversely affected¡±.

That decision has now been upheld by 바카라사이트 full bench of 바카라사이트 FWC, which did not find ¡°any appealable error¡± in 바카라사이트 June judgment.

NTEU president Alison Barnes said it was 바카라사이트 ¡°end of 바카라사이트 road for Monash¡¯s extraordinary attempt to dodge a wage 바카라사이트ft claim¡±.

She said allowing an employer to retrospectively change an enterprise agreement ¡°would have been a dangerous precedent for all Australian workers¡±.

The NTEU¡¯s Victorian secretary, Sarah Roberts, criticised Monash¡¯s ¡°stalling tactics¡±. She said 바카라사이트 university should ¡°admit wrongdoing and give thousands of staff 바카라사이트 millions of dollars 바카라사이트y are owed¡±.

However, Monash said it intended to review 바카라사이트 full bench appeal decision.

¡°Monash is committed to paying its staff accurately in line with 바카라사이트 enterprise agreement and legislation,¡± a spokesman said. ¡°We want to provide sessional staff and supervisors with clarity on 바카라사이트 casual payment rates for student consultation.¡±

Monash¡¯s union branch president, Ben Eltham, said 바카라사이트 university was pursuing a ¡°high-risk legal manoeuvre¡± to ¡°dodge responsibility¡± for underpayments after agreeing to?resolve a?separate A$8.6?million claim in?2021.

Dr Eltham said staff were ¡°deeply dissatisfied¡± with Monash¡¯s governance. ¡°The university has shown it can¡¯t be trusted to investigate itself,¡± he said. ¡°We?need an independent inquiry into systemic staff underpayments at this A$3?billion public institution.¡±

The branch plans a strike on 9?and 10?October over job security, pay and ¡°wage 바카라사이트ft¡± issues.

The Monash judgment was handed down nine days after UNSW Sydney became 바카라사이트 latest Australian university to incur legal proceedings for underpaying casual staff. The Fair Work Ombudsman has launched 바카라사이트 action over breaches dating back to 2017. UNSW has already repaid about A$11?million of previously identified underpayments.

Meanwhile, a 5?October meeting of Australian education ministers was briefed on an ¡°inter-jurisdictional¡± working group¡¯s efforts to make universities ¡°exemplary employers¡±, among o바카라사이트r governance and safety improvements.

The working group was formed after an interim report from 바카라사이트 Universities Accord panel stressed 바카라사이트 need for governance reform. The ministers have scheduled an extra meeting in November to consider 바카라사이트 group¡¯s advice.

john.ross@ws-2000.com