Fair Work Ombudsman v Torrens University Australia Limited
Citation: [2026] FCAFC 17
At a glance
- Employees affected
- 1
- Awards cited
- MA000006
What happened
The Fair Work Ombudsman issued a compliance notice to Torrens University Australia Limited under section 716(2) of the Fair Work Act 2009. The notice concerned how the university was paying casual academic staff for lecturing work. The dispute turned on the correct interpretation of the Higher Education Industry – Academic Staff – Award 2010 and its 2020 successor. Specifically, it concerned the meaning of 'associated working time' built into the hourly payment rates for casual lecturers. The matter came before the Full Federal Court on appeal.
What was decided
The Full Federal Court considered whether 'associated working time' in the Awards covers only the limited body of work directly connected to delivering a lecture, such as immediate preparation and follow-up, rather than a broader range of academic tasks. The source text is truncated and does not allow the full reasoning or final orders to be stated accurately.
What it means for employers
Universities and other higher education providers employing casual academic staff should review how they calculate pay for lecturing under the relevant Awards, paying close attention to what tasks are covered by the 'associated working time' component of hourly rates. This case signals that the scope of that component is a live compliance issue.
What it means for employees
Casual academics paid hourly rates for lecturing should be aware that the Award rate is intended to cover lecture delivery and a defined, limited set of tasks associated with it. If employers have interpreted 'associated working time' too narrowly or too broadly, entitlements may be affected. The full outcome cannot be confirmed from the available text.
Every statement above is drawn from the published decision. Read the original here:
https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/full/2026/2026fcafc0017This summary was drafted by AI from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →