The Victorian Education department could be forced to repay millions of dollars to teachers who leased laptops under a controversial program.
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The Australian Education Union is suing the department in the Federal Court for "loss and damages".
It claims it is "unreasonable" for teachers to have to lease the computers when they are needed to perform their duties.
The union also says the fortnightly deductions of up to $17 from teachers salaries are not authorised under the Fair Work Act or the teachers’ enterprise agreement or under a law.
It wants the department to repay all the deductions made – plus interest – since July 2009
However, the Education Department denies the deductions are unauthorised or that laptops are needed by Victorian teachers to perform their duties.
It says teachers are able to use other computers at schools, including administration computers, staff computers and student computers.
The department also says teachers are entitled to “devote unlimited time to personal use of the notebook” outside work hours.
As of April last year, more than 85 per cent of state school teachers leased a laptop from the department.
The rates are up to $5 a fortnight for a Lenovo model, up to $11.50 for an Apple MacBook, and up to $17 for a MacBook Pro.
Richard Niall QC, for the union, told the court "many millions of dollars" had been deducted from teachers' salaries.
The court heard the laptops were essential tools used for many tasks, including class plans, administration and assessment.
However, Rachel Doyle SC, for the Education Department, said the laptops had provided "flexibility benefits" to teachers. She said the department had provided the computers at a "modest cost", which was less than buying or leasing them externally.
The department says it has “always been the case” that not all teachers have leased a laptop.
It says the deductions are authorised under the Education and Training Reform Act, and the Victorian Government Schools Agreement 2008 expressly permits employees to enter into salary packaging arrangements.
The case, before Justice Mordecai Bromberg, is expected to take two weeks.
Kingsville Primary teacher Mick Weir said it was "rubbish" to suggest teachers did not need laptops to perform their duties.
Mr Weir leases a MacBook at a cost of $15 a fortnight.
"It doesn't seem to make sense to pay for a tool you are required to use," he said.
"There is no way to write a school report if you don't have a laptop.
"Everything we do from communication with the hierarchy of the school and the department, communicating with members of your own team, sending planning documents around – everything is sitting on that laptop. I don't know what I'd do without it."
