Monash University are paying back millions to staff after a landmark wage theft ruling in Federal Court - and also paying NTEU $450,000 in a 'contrition payment'. Read more: nteu.info/monashpayback youtube.com/shorts/xISVU... #HigherEducation #highered #academia #AcademicSky #universities #monash

After dragging this wage theft case out for years Monash University are finally set to pay what they owe - and more! www.afr.com/work-and-car... #HigherEducation #AcademicSky #universities #Academia #universitiesmatter @alisonbarnes.bsky.social

📣 Calling all university staff and students 📣 Our universities are growing – but what does that mean for teaching, learning and student support? Take our short survey (5–10 mins) today: nteu.info/classes

Monash Uni ends partnership with Woodside Energy! This is a huge win for staff and students who have been campaigning for years to get this climate-wrecking company off their campus. My heartfelt gratitude and congratulations to those who have fought so hard for this.

It's just been confirmed that Monash University is dropping Woodside as a partner because they don't align with their sustainable values. This is an incredible win for @stopwoodsidemonash.bsky.social who have run a dedicated grass roots campaign for years.

From @nteumonash.bsky.social... In Academic Board this week, Vice-Chancellor Sharon Pickering announced that Monash University will end its controversial partnership with fossil fuel giant Woodside Energy. Vice-Chancellor Pickering also said that the Woodside Building will eventually be renamed.

Take part in a groundbreaking workplace psychosocial safety census of all university staff in Australia, run by Pyschosocial Safety Climate Global Observatory. This an independent survey from University management and only open to staff. Start here: nteu.info/census (takes 5-6min)

We're sad to see you go comrade but can't wait to see what trouble you get up to in Canberra!

below is the brief acceptance speech I was going to give on Tuesday, but instead my Fellowship was rescinded a few hours before the award ceremony:- I acknowledge that I’m speaking on the unceded lands of Turrbal, Yuggera and Jagerra peoples and pay my respect to their Elders, past and present. 1/

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Working arrangements in Australian universities remain precarious despite recent IR changes - as casual academics & @nteunion.bsky.social reps Emily Foley & Tony Williams explain on the latest episode of the podcast “They just sort of institutionally ghost you” whatnowwhatnext.buzzsprout.com

Ms Kelly rests now. And we've finished up. Justice Snaden reserves judgment for 2025. Thanks for following this thread.

Ms Kelly responds. She observes that the Fair Work Act requires records to meet the regulations prescribed in s535, incuding the rate of pay, which Monash clearly has not.

There is now some confusion about the statement of claim, and whether it has info about any of the hours of the tutors. Mr Bourke then concedes that the Univrersity' defence here will stand or fall on the construction of the Agreement. "We haven't kept records," he mumbles.

Mr Bourke now says the University denies it didn't keep records of the tutors' pay. His honour seems puzzled about this. Do you have the records, he asks, they're not in evidence. Well, we have them, Mr Bourke says, we know when the tutors kept their consultation hours.

Now we're discussing the QUBE v CFMEU case, which was also about standing (but was about a different issue, in that case it was a variation application). The judge actually sat on that case, so he doesn't seem convinced by Mr Bourke's arguments on this

Why would the legislature seek to limit workers' rights to seek remedies, the judge asks. There's little guide, Mr Bourke concedes. But it might be about limiting disputation. Elsewhere in the Act, he notes, "applies" means where an EBA is in operation.

Mr Bourke raises the point about tutorial being a piece rate. The University could give directions about how the tutorial could be delivered. If my learned friend's argument is correct, if the Uni issues any directions about associated work, it would be Other Required, this is "improbable"

Justice Snaden asks Mr Bourke: isn't it just that this is some of the work that may be done by the tutor, and if it is done, it would be associated, and not paid for? Mr Bourke repeats his point that it is required work as part of the tutorial engagement.

Mr Bourke discusses ad hoc meetings. These are required too, Mr Bourke says. "Why?" asks his honour. "Everything is required," Mr Bourke replies. His honour does not seem convinced.

Mr Bourke rebuts the NTEU's argument that the University can't give lawful and reasonable directions about associated work. His honour says the Q is whether the consequences of lawful and reasonable is that it becomes liabe for payment. Mr Bourke says this doesn't mean directions can't be given

Mr Bourke has handed in a 31-page written closing submission. Ms Kelly objects to Bourke submitting a written closing. It is unfair, she argues, that one party has handed in a settled, footnoted document.

Summing up, Ms Kelly concudes, if his honour accepts the NTEU's construction, then these teachers have not been paid for these consultations, and Monash Uni has therefore breached the EBA and the Act

Moreover, Ms Kelly notes, there a range of practices about paying tutors at the university. Some Schools at Monash *do* pay students for consultation, so it's clear there's no common custom and practice here.

So, Kelly argues, contemporaneous is *not* a whole extra hour of scheduled consult time, which is not associated with the particular tutorial, and could be about the entire unit, or indeed student welfare etc

If you do no preparation for the tutorial, you get paid the same as if you do 10 hours of preparation for the tutorial, Kelly observes.

Ms Kelly argues, the rolled-up rate is an industrial compromise. Academic work is indeterminate, it does not lend itself to an hourly rate. The rolled-up rate is paid for the hour. "You've got to deliver the product, and the product is an hour-long tutorial", Snaden says. Kelly agrees.

Isn't this lots of work, asks Justice Snaden? Judges don't get paid for everything we do, he says. Ms Kelly agrees, barristers don't get paid for their professional development. But she argues, a wage employee is in a very different position.

Is it a piece rate, Justice Snaden asks? A tutorial is a piece rate, Ms Kelly agrees. So how will the history assist, he asks. She says this structure of payment is not new. If you perform a tutorial, you're paid for the tutorial; if you are paid for "Other Required" you are paid by the hour

Prof Mills says the reasoning given in the email was incorrect, tutors were still required to do some consultation.

Ms Kelly asks Prof Mills whether there was a document that set down this decision. No, says Prof Mills. Kelly asks was there a decision to require unit coordinators to hold student consultations? She shows Mills an email about tutors just being asked to meet the “letter of the EBA” and not consult.

Ms Kelly shows Prof Mills a payment guide from the IT Faculty. Justice Snaden intervenes: you’ve taken us to documents that are outside the faculties of the employees, so what should we make of this? Ms Kelly says it shows that Prof Mills’ evidence can’t be generalised across the whole University

Ms Kelly shows Prof Mills a document from the Law Faculty with a table for number of consultation hours. Does she accept that in Law, tutors are separately remunerated for consultation? She says the document doesn’t specify what type of consultation applies, so she can’t tell

Ms Kelly shows Prof Mills a document which has a pay code for student consultation. She asks does this mean these tutors are paid? Mills says it’s not clear what type of consultation applies or whether it means tutors are paid for consultation or not.

“Is your honour familiar with Moodle?” A funny moment for all the teachers in the room. Mills explains to the judge what a learning management system is

Ms Kelly asks about student consultation. Prof Mills says there 4 ways consultation can happen, it could be before/after class, it could be scheduled student consultation, an individual consultation, and via email

Ms Kelly asks what happens if students give poor feedback or evaluations about tutors? What would be the outcomes? Mills says there would be a meeting with the unit coordinator, the tutor might have to undertake training. Mills adds that if it was a pattern, we would not hire the tutor again

Prof Mills repeats that unit coordinatos have the responsibility to set content, notwithstanding the email.

Ms Kelly for the NTEU takes Prof Mills to an email from a Monash academic, Prof Sparrow, to a tutor, Scott Robinsnon. "As for how you run classes, this is really up to you." Does she accept Dr Robinson was being given almost complete latitude in this matter?

Kelly asks Mills whether she is making an assunption there, as she is not in the Business faculty. She says she knows the unit coordinators establish the content prior to the teaching of units. Kelly asks if she has direct knowledge of the Business School. No, she doesn't.

Now Kelly asks about Dr Kent's evidence, that he was never given a lesson plan and had to develop his own lessons. Was his evidence wrong? Mills says it does not reflect best educational practice.

On the stand this morning is Prof Catherine Mills from Monash's Bioethics Centre. She has been a Head of School and a member of the Faculty of Arts executive. Siobhan Kelly for the NTEU examines.

And that wraps up today's wage theft hearing against Monash University in the Federal Court. We're back tomorrow morning.

Bourke: Do you agree that you're not employed to give welfare advice or career advice? Kent: Yes. We wonder how often tutors are the best placed person to support students (and recognise issues) rather than simply handballing them to someone else.

McAlpine continues, saying academics don't always agree. Some tutors disagree with their lecturers, and sometimes there are robust discussions about teaching materials or subject matters. Not every lesson is by wrote, and if it were, it wouldn't do justice to the idea of a tutorial.

It's challenging to see the value of that

Bourke just asked McAlpine if he was involved in any of the bargaining for EBAs between Monash and the NTEU over the last 30 years...

Lost in the weeds..

Word of the day: contemporaneous