Academic judgment casual payment dispute
This page provides information on the resolution of the dispute lodged by the National Tertiary Education Union (NTEU) with RMIT about whether rates of pay were applied appropriately and consistently for a range of assessment tasks undertaken by RMIT’s higher education casual academic staff after the commencement of the RMIT University Academic and Professional Staff Enterprise Agreement 2014 on 3 July 2014.
Page updated: 16 February 2023
Background
In June 2021 the National Tertiary Education Union (NTEU) lodged a dispute with RMIT regarding whether rates of pay were applied appropriately and consistently for a range of assessment tasks undertaken by RMIT’s higher education casual academic staff.
This covers the period after the commencement of the RMIT University Academic and Professional Staff Enterprise Agreement 2014 – From 3 July 2014 until 1 November 2021.
Under RMIT’s agreements, assessment tasks are paid at either the “standard” rate or a maximum rate where academic judgment is required.
RMIT paid casual staff the higher academic judgment rate for the majority of assessment work over this period but the NTEU claimed that standard rates were not always paid correctly.
This issue relates to RMIT’s higher education casual academic workforce who have performed assessment work over this period (approximately 3900 current and past employees). This does not relate to vocational education or professional casual staff.
Resolution
As a university we absolutely take our obligations under our enterprise agreements very seriously and we’re committed to ensuring that our employees have received their full entitlements.
Following discussions with the NTEU and RMIT’s own investigations it was clear that to verify that every payment of the “standard rate” for marking during this seven-year period was correct would be a very significant and extensive program of work and introduce considerable expense and delay.
To ensure a timely resolution, RMIT proposed to the NTEU (without admission of liability) that each "standard rate” payment to casual academic staff who did assessment work between 3 July 2014 and 1 November 2021 be increased to the academic judgment rate, irrespective of the type of assessment actually completed. Payments to individuals will also include interest and superannuation.
Importantly, these higher education casual academic staff members will receive the additional payment without being required to establish any entitlement or wait for an extended period for their individual claim to be assessed.
These uplifts from the standard to the academic judgment rate for all marking amount to approximately $7.5m.
We value the contributions our casual employees make and we apologise unreservedly to any who may have felt undervalued, and for any confusion or distress they may have experienced in regard to this matter.
Progress to date
Since the resolution was agreed, RMIT has paid more than 3700 current and past casual academic employees in respect of marking work undertaken during the period from 3 July 2014 until 1 November 2021.
While we have paid the large majority of eligible individuals, we have not yet been able to pay everyone eligible.
RMIT has sent multiple communications to former higher education casual academic employees who were paid any standard rates for marking work during this period to advise them that they are eligible for a payment and to confirm their details. These communications have been sent via email, text message and post. We have also been calling eligible individuals and reaching out through social media.
If you have been continuing to receive emails, text messages, phone calls or social media messages from RMIT about this issue, this suggests you are one of the remaining former employees who is considered eligible for payment but who has not provided us with the bank and superannuation account details we need to pay you.
Former staff members are able to securely provide their details by calling us on 03 9925 5999. There are a number of steps you can take to satisfy yourself that this is legitimate request not a scam - see the FAQs below
Please make contact
If you are a former higher education casual academic staff member who has not received an email, text, call, or any correspondence from RMIT but believe you may be eligible, please contact academic.judgment.marking.dispute@rmit.edu.au or call 03 9925 5999.
Further information
For any queries or to provide your updated contact details, please email academic.judgment.marking.dispute@rmit.edu.au or call 03 9925 5999.
This page will be updated as required.
Frequently asked questions
Payments are being made to casual academic staff members who undertook assessment work between 3 July 2014 and 1 November 2021. 3 July 2014 is the date from which the previous enterprise agreement operated. The payments are made without admission of liability by RMIT.
No, only higher education casual academic staff who were paid at the standard rate for assessment work at any time between 3 July 2014 and 1 November 2021. This does not relate to Vocational Education or professional casual staff.
All current and former higher education casual academic employees who are eligible to receive a payment will be sent communications by RMIT. Only higher education casual academic employees who were paid at the standard rate for marking between 3 July 2014 and 1 November 2021 are eligible to receive a payment. Casual employees who were paid for all their marking time at the academic judgment rate will not receive any additional payment and so will not be contacted.
No, all eligible current and former higher education casual academic employees involved will receive a payment of the difference between the standard and academic judgment rate for the time they spent marking. RMIT has a record of the standard rate hours paid and will automatically pay the difference (plus interest and superannuation) with no need for you to make a claim.
However, to be able to pay you we need to ensure we have your current bank and superannuation account details. Until we receive these details from you we cannot pay you.
Former casual staff members who are eligible have been sent communications from RMIT University providing them with instructions to verify their details through a secure portal. These communications use the contact details we had for you at the time.
If you have not received any communications from RMIT but believe you may be eligible, please email academic.judgment.marking.dispute@rmit.edu.au or call 03 9925 5999 so that you can provide us with your up-to-date contact details.
Higher education casual academic employees who were employed at RMIT in Semester 2 2021 and eligible for a payment received this in December 2021.
Former higher education casual academic employees who were paid for marking at the standard rate during the relevant period have been sent a variety of communications since early 2022 to advise them that they are eligible for a payment and to encourage them to confirm their contact, banking and superannuation details.
RMIT has now made payments to more than 3500 of the approximately 3900 eligible individuals.
To be able to pay you we need to ensure we have your current bank and superannuation account details. Until we receive these details from you we cannot pay you.
Payments will be made in the month following the confirmation and verification of an eligible individual’s banking and superannuation account details.
Employees will be provided with a document setting out the details of the payment including the original hours of marking work paid at the standard rate, when those hours were worked and the additional amount being paid in respect of those hours. This will be split into financial years.
Because of the difficulty in reviewing each historic instance of marking, we have taken a beneficial approach and decided (without admission of liability) to increase each "standard rate” payment to casual academic staff who did assessment work between 3 July 2014 and 1 November 2021 to the Academic Judgment rate that applied at the time, irrespective of the type of assessment actually completed. Academic Judgment is the highest marking rate. We have used timesheet and payroll data to identify all hours to uplift.
The Payment takes a beneficial approach and comprises:
- Principal – calculated based on the difference between the amount paid at standard rate for marking that was undertaken and the amount that would have been paid if all marking time was paid at the Academic Judgment Rate. The rates used for the calculation are the rates that applied at the time at which the marking was performed.
- Interest on Principal – calculated on a simple basis by applying the pre-judgment interest to the Principal. The pre-judgment interest rate is set by the Federal Court and is the Cash Rate (which is set by the Reserve Bank of Australia) plus 4%. During the Relevant Period, the pre-judgment interest rate is between 4.1% and 6.5% per annum.
- Superannuation – calculated as 10% of the total of Principal plus interest.
More detail can be found in individual workbooks provided to impacted employees.
You may be eligible for a lump sum payment in arrears tax offset (LSPIA) for payments that relate to work performed more than 12 months before the date of the payment.
We encourage you to seek financial advice, as required, with further information available via the following ATO website link: Lump sum payments in arrears tax offsets.
If you have been continuing to receive emails, text messages, messages through social media and/or phone calls from RMIT about this issue, this suggests you are one of the remaining former employees who is considered eligible for payment.
If you want to satisfy yourself that this is not a scam before registering your details, there are a range of steps you could take such as:
- email academic.judgment.marking.dispute@rmit.edu.au – this is a dedicated mailbox regarding the issue. We will be able to provide you with specific details regarding the time you spent working with us and the assessment work which makes you eligible for payment.
- call 03 9925 5999 – you will be able to make contact with an identified RMIT employee who will also be able to provide you with specific details.
You can email academic.judgment.marking.dispute@rmit.edu.au or call 03 9925 5999.
Former casual academic employees can provide their up-to-date contact information and email address by emailing academic.judgment.marking.dispute@rmit.edu.au or calling 03 9925 5999.
RMIT will be contacting all eligible higher education casual academic staff who were not paid the academic judgment rate for all their marking time during the Relevant Period and will provide details of the payment that is being made.
If you would like to raise your individual circumstances, please email academic.judgment.marking.dispute@rmit.edu.au or call 03 9925 5999.
We will send you a spreadsheet with three or four tabs as follows:
- Tab 1. This provides a summary of your payment based on marking performed per year. It will have the top-up amount paid; the interest paid; the superannuation paid on the top-up amount and the superannuation paid on the interest for each year.
- Tab 2. This provides, in detail, all of the hours of marking performed up until 7 June 2021 and the hourly rate you were paid and what the Academic Judgment rate was at that time as well as the calculation of the top-up payment.
- Tab 3. This is the same as tab 2 except for your marking hours worked after 7 June 2021. We moved to a new HR system (Workday) on 7 June 2021 and it would have been quite complex to combine data from two HR systems onto a single tab. If you performed marking both before and after 7 June 2021 you will see both tabs 2 and 3 otherwise you will see only the tab which is relevant to you.
- Tab 4. This explains how the interest is calculated.
More information will be made available as required and published on the Academic judgment assessment payment page (this page – please bookmark). If you have specific questions, please email academic.judgment.marking.dispute@rmit.edu.au or call 03 9925 5999.
You can email academic.judgment.marking.dispute@rmit.edu.au or call 03 9925 5999.
You can email academic.judgment.marking.dispute@rmit.edu.au or call 03 9925 5999 if you have not received communications from RMIT.
Acknowledgement of Country
RMIT University acknowledges the people of the Woi wurrung and Boon wurrung language groups of the eastern Kulin Nation on whose unceded lands we conduct the business of the University. RMIT University respectfully acknowledges their Ancestors and Elders, past and present. RMIT also acknowledges the Traditional Custodians and their Ancestors of the lands and waters across Australia where we conduct our business - Artwork 'Sentient' by Hollie Johnson, Gunaikurnai and Monero Ngarigo.