Torrens University Class Action: Casual Academics and Unpaid Marking, Explained

On 17 September 2026 the law firm Hayden Stephens & Associates started a class action in the Federal Court against Torrens University, with the support of the National Tertiary Education Union. The claim alleges that the university breached the Higher Education Industry Academic Staff Award 2020 by not paying casual academics for required work such as marking, moderation, training, unit meetings and student consultation. It is expected to cover more than 1,000 casual academics across the Sydney, Melbourne, Brisbane, Adelaide and Blue Mountains campuses (HRD; HR Leader).

The lead applicant, lecturer Tito Scohel, put the case in one line: "If the work is required, it should be paid." Torrens, which is owned by the US-listed Strategic Education, says it is committed to meeting its award obligations. These are allegations that the court has not yet tested.

The filing follows two university undertakings with the Fair Work Ombudsman this month, at the University of Queensland (about $11 million) and Murdoch University (more than $4.9 million, mostly casual staff), and years of similar findings across the public university sector. Our post on the FWO's $453 million year has the detail.

The academic award does not pay casual academics by the clock. It pays piece rates for defined activities, and each rate has a set amount of "associated working time" built in. These are the award minimums from 1 July 2026, from the Fair Work Commission's pay database (enterprise agreements at most universities pay more):

• Tutorial: $135.76, covering one hour of delivery and two hours of associated working time
• Repeat tutorial: $90.48, one hour of delivery plus one hour
• Basic lecture: $173.99, one hour of delivery plus two hours
• Standard marking: $45.22 an hour
• Marking as a supervising examiner, or marking requiring significant academic judgment: $57.99 an hour

Higher rates apply where the academic holds a relevant doctorate. The full schedule is on our academic staff award pay rates page and in the Fair Work Ombudsman's award summary.

The associated working time inside a tutorial rate is meant to cover preparation and the routine that goes with delivering that class. The recurring allegation across the sector is that universities treat it as covering everything: marking that runs far beyond the allowance, moderation meetings, mandatory training, unit meetings and consultation hours that are required but never appear on a timesheet. Under the award, marking is paid at its own hourly rate, and other required work is paid as "other required academic activity". Work that is required and not paid is an underpayment, whatever the contract or the "paid per tutorial" convention says.

That is the question the Torrens case puts to the court: which of those activities were required, and were they paid.

1. Keep a record. For each unit, note the hours of marking, meetings, training and consultation you were required to do, and what you were paid for. Emails setting the requirement are your evidence.
2. Check the instrument. Your university's enterprise agreement usually sets the rates and the marking allowances; if there is no agreement, the award applies. Search yours in our enterprise agreement corpus.
3. Quantify it. The back-pay calculator turns unpaid hours into a dollar figure with interest and super. The limitation period is six years.
4. Ask, then escalate. Start with a written request through our underpayment enquiry letter. The NTEU, the Fair Work Ombudsman (13 13 94) and a lawyer are the next steps; our underpayment claim guide explains how class actions and individual claims differ.

If you taught at Torrens, the firm running the action will publish how to register as a group member; you do not need to have complained already to be covered by a representative proceeding.