Monash statement in response to NTEU Federal Court case

The following is attributable to a Monash University spokesperson:

“The University has reached an agreement with the National Tertiary Education Union (NTEU) in relation to scheduled student consultation for the University’s sessional Teaching Associate staff.

“This agreement provides resolution to a Federal Court decision that clarified a long-standing ambiguity in our Enterprise Agreement as to what types of student consultation should be covered in the payment staff receive for ‘tutorial’ work. The NTEU’s claim involved issues of interpretation as to what is covered by contemporaneous consultation under Schedule 3 of the Monash Enterprise Agreement (2014 and 2019).

“Following a private mediation, the parties reached a resolution on all outstanding matters including a remediation process that is fair, efficient, and consistent with the Court's decision – and in the best interests of our affected staff. We thank the NTEU for its engagement in the mediation process.

“The University will undertake a proactive remediation program to identify and compensate affected sessional staff who were required to perform scheduled student consultation and were not already separately paid.

“To support this resolution, and to resolve the matter without the need for further legal proceedings or any penalty hearing, the University will pay $450,000 to the NTEU.

“The parties are committed to moving forward constructively in implementing the agreed commitments.

“Monash is committed to paying our staff accurately, in line with our Enterprise Agreement and employment obligations.”

Background

The University will implement a proactive remediation program, taking reasonable steps to identify and compensate impacted staff, and providing a mechanism for staff to submit claims for payments.

We will conduct a thorough review and assessment process to ensure this important and complex work is completed accurately.