Fair Work Ombudsman
At a glance
- The University of Melbourne
- $154,424
- 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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Send your details to Liquid Employment Lawyers
Liquid Employment Lawyers is a paid legal service and our referral partner, not free Fair Work advice. FairWork Mate may receive a referral fee from Liquid Legal. Tell them what has happened and a member of their team will call you back. For free general guidance, use our tools or call the Fair Work Ombudsman on 13 13 94.
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