Waging war against wage theft in higher education

Waging war against wage theft in higher ed

After settling a $2 million underpayment case involving 83 academics at the Academy of Information Technology (AIT) last year, NTEU's fight against wage theft in the sector has grown. Two recent campaigns backed by the NTEU alongside casual staff at Macquarie University and the University of Sydney have focused on wage theft of casual staff which has resulted from the universities manipulating and violating their respective Enterprise Agreements. Non-compliance at USyd A broader campaign to address insecure work at the University of Sydney was catalysed by NTEU concerns about university non-compliance with the current Enterprise Agreement, particularly in recovering unpaid entitlements for casual staff. In the NTEU’s August survey of casual USyd staff, many of the 700 respondents indicated that they had not received up to 4 hours of pay for familiarisation with university policies and procedures. Momentum was built towards recruiting new members as well as getting existing members more active, and 44 backpay claims were finalised in November. Claimants were advised before the Christmas period that payments would be imminent, but nearly 2 months later, the University continues to delay this. Accordingly, the NTEU’s casual staff membership at USyd grew by 10%. Branch Organiser, Rhianna Keen, said that the campaign was 'one of the most rewarding things I’ve done as an organiser. I’ve worked as a casual academic myself and I know how difficult it is. It’s been a privilege to be part of the solution to casual exploitation'. Responsibility now lies with the university to pay the 44 claimants. Meanwhile, the insecure work campaign continues at USyd, with 17 new backpay claims for unit coordinators.

Survey reveals wage theft at Macquarie At Macquarie University, management were caught subverting the terms of the Enterprise Agreement which classifies payments for class types. Staff in the Department of Mathematics and Statistics were being paid at the lower rate prescribed for demonstration classes despite continuing to deliver tutorial classes, according to a majority of responses to a faculty-wide NTEU survey. In a first for Australian universities, the dispute filed in April 2019 was resolved through interest-based bargaining. It was based on the NTEU’s broader concerns over the reclassification rather than individual claims. Human resources staff, the NTEU and members were involved in the proceedings, which heard that casual staff wellbeing and course quality were greatly impacted. Over $50,000 in backpay was settled, alongside a joint union-management commitment to monitor and review academic processes across other faculties. NTEU NSW Division President, Nikki Balnave, notes that 'casual wage theft is widespread across our sector. The re-badging of tutorials… is but one example. The NTEU will continue to fight against such injustice and for the right of members to be appropriately recognised and rewarded for their work'. Wage theft a focus for NTEU It is the ongoing purpose of the Union movement to shine a light on the pervasiveness of wage theft and strengthen the collective position of workers – casual and permanent.

Above all, the Federal Government has dismally failed to protect workers’ existing rights and create progressive workplace laws. The Government-backed proposal to (conditionally) criminalise wage theft is unlikely to prompt meaningful change while their anti-union Ensuring Integrity bill is also set to be revived.

As the NTEU increases its focus on casual staff for future campaigns, awareness is crucial. University employees are strongest together, especially when empowered with knowledge about the standards they deserve and are entitled to in the workplace. ◆

Olivia Freund, Union Summer intern, NSW Division Follow our wage theft cases at nteu.org.au/wagetheft