Fair Work Ombudsman
Citation: FWO-2023-02-10-university-of-melbourne-second-litigation-media-release
At a glance
- Respondent
- The University of Melbourne
- Penalty
- $154,424
- Employees affected
- 14
What happened
The Fair Work Ombudsman has commenced legal action against The University of Melbourne. The University is alleged to have underpaid 14 casual academics in the Faculty of Arts between February 2017 and December 2019. The academics were not paid for all hours of marking work, instead being paid based on 'benchmarks'. Total underpayments allegedly amounted to $154,424, ranging from $927 to $30,140 per individual. Staff were required to record hours based on these benchmarks, not actual hours worked. The Fair Work Ombudsman alleges serious contraventions of the Fair Work Act.
What was decided
The Fair Work Ombudsman alleges The University of Melbourne breached its enterprise agreements and made false records. The University faces potential penalties for serious contraventions, which are higher than standard penalties. The maximum penalty per breach is $630,000. At least 12 employees have been backpaid. A directions hearing in the Federal Court is yet to be scheduled. This action follows separate litigation commenced in August 2022 involving two casual academics in a different faculty.
What it means for employers
Employers, particularly universities, must ensure they are complying with workplace laws and paying employees correctly for all hours worked. If concerns about underpayment arise, employers should promptly seek advice and rectify any issues. Proactive measures and adherence to enterprise agreements are essential.
What it means for employees
Casual academics should be aware of their right to be paid for all hours worked. If you suspect you have been underpaid, seek advice from the Fair Work Infoline. The Fair Work Ombudsman provides free assistance and information about workplace rights and obligations.
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https://www.fairwork.gov.au/newsroom/media-releases/2023-media-releases/february-2023/20230210-university-of-melbourne-second-litigation-media-releaseSend your details to Liquid Employment Lawyers
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This summary was drafted 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