Thousands of Victorian teachers who were forced to lease laptops to use in classrooms could be repaid more than $20 million from the State Government after a landmark Federal Court ruling.

The vast majority of Victoria's 50,000 teachers are forced by the Department of Education to lease laptops for use in the classroom, with the money coming directly out of their pay.

Teachers are charged between $4 and $17 per fortnight for the computers and the deductions are not tax deductable, or part of a salary sacrificing program.

But in a decision that could have implications for teachers across the country, the Federal Court ruled the fortnightly deductions were unlawful.

The Australian Education Union's (AEU) Victorian president Meredith Peace said she was thrilled with the result.

"This is a landmark case for the Federal Court to rule that the Government, since 2009 has been making unlawful deductions from principals and teachers' pay packets, is a very significant decision indeed," she said.

Laptop leasing scheme deemed 'unreasonable'

The union launched the case two years ago, asking that teachers be reimbursed the money they had paid to lease computers since 2009, when the Fair Work Act came into place.

Under the act, an employer cannot force an employee to spend money in a particular way if it is deemed "unreasonable".

Federal Court Justice Mordecai Bromberg ruled the Victorian Department of Education's laptop scheme was in fact unreasonable.

He noted that teachers could not choose whether to participate in the program, that the cost was excessive, and the deductions were not principally for the benefit of teachers.

"The use of the equipment is primarily there for the Department of Education," Ms Peace said.

"We'll be seeking back pay and interest on that payment that teachers have had to make over the past six or so years."

A spokeswoman for the Department of Education said the court's decision was being considered.

Union assessing implications for teachers across Australia

Similar laptop leasing schemes are in place in other states and Ms Peace said the court ruling could have implications in other jurisdictions - particularly New South Wales and Western Australia.

"Our AEU colleagues across the country will be looking at this result very closely," she said.

Teacher Carly Marie Clark has been in the job for about nine years and could be set to receive about $1,500 in repayments.

She said teachers would not be able to function without their laptops and was pleased the court had recognised that.

"Any other work situation obviously their tools are provided ... so I think we should definitely be getting provided them," she said.

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Why not?

Dnarever wrote on Nov 7^th, 2015 at 10:43am:


My wife's school paid for her laptop. We aren't in Vic.

Under the act, an employer cannot force an employee to spend money in a particular way if it is deemed "unreasonable".

Federal Court Justice Mordecai Bromberg ruled the Victorian Department of Education's laptop scheme was in fact unreasonable.

He noted that teachers could not choose whether to participate in the program, that the cost was excessive, and the deductions were not principally for the benefit of teachers.

Well Swag, join a union and make the case in the legal arena. 

innocentbystander. wrote on Nov 7^th, 2015 at 2:37pm:


They know how to use the left arrows and are pretty good with backspace. The right arrow is still a mystery.

I can't believe that a Victorian public school teacher even knows how to use a laptop.

Bam wrote on Nov 7^th, 2015 at 4:11pm:


You are a true lefty - not a humorous bone in your body. And the think that it all began under the evil Victorian Labor government!

innocentbystander. wrote on Nov 7^th, 2015 at 2:37pm:


Yet another pointless post which doesn't advance the conversation.

Armchair_Politician wrote on Nov 7^th, 2015 at 10:50am:


I paid for all my laptops, desktops, tablets and servers. Why does everyone else expect to get theirs for free ?