Legal Challenge Over Casual Academic Payments
Torrens University is seeking permission from the High Court of Australia to appeal a ruling mandating it to pay millions in back wages to casual academics. Following a decision last month, the Full Federal Court confirmed the university’s underpayment practices.
The court found Torrens University unlawfully required casual academics to conduct marking work without separate compensation, using a lecture rate that did not cover these duties. Torrens has engaged four barristers, led by Bret Walker SC, to challenge this ruling at the High Court.
Interim Compliance and Potential Repercussions
In an email to staff dated April 13, Torrens University stated it would comply with the Fair Work Ombudsman’s interpretation temporarily but would reconsider this if the High Court appeal is successful. The university’s special leave application acknowledged the decision exposes universities to potentially significant remediation costs and penalties. It agreed with the NTEU’s assessment that thousands of casual academics are owed millions of dollars in backpay.
The National Tertiary Education Union (NTEU) criticised Torrens University’s actions. General Secretary Dr. Damien Cahill emphasised, “Wage-thieving universities have always used legal tactics to delay paying their staff, but applying to the High Court to avoid accepting a Full Federal Court decision is a new low.” He further warned that as the legal process drags on, “fewer of those workers will ever see their stolen wages.”
NTEU Victoria Division Secretary Sarah Roberts condemned the university’s stance, noting, “Torrens has now spent years fighting this case, while thousands more wait for backpay they’re legally owed. The email to staff said they take their workplace obligations seriously. Taking your obligations seriously means paying your staff – not hiring more lawyers to find another escape hatch.”
Roberts further expressed concern over the university’s priorities, stating, “Special leave to the High Court is reserved for exceptional cases of genuine public importance. Torrens is arguing its exceptional case is that it shouldn’t have to pay its workers. That tells you everything.”
Nationally, the issue of underpayments in the higher education sector surpasses $284 million, with universities setting aside an additional $168 million for potential liabilities, bringing the total over $450 million. This widespread issue reflects a significant financial challenge for many institutions, impacting thousands of casual academics across Australia.
