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FWOFair Work Ombudsman · 10 May 2023

Fair Work Ombudsman

Citation: FWO-2023-05-11-uts-eu-media-release

At a glance

Penalty
$4,400,000
Employees affected
2777

What happened

The University of Technology Sydney (UTS) has agreed to back-pay over 2,700 current and former casual professional staff more than $4.4 million in underpayments, plus over $1.3 million in superannuation and interest. The underpayments occurred between September 2014 and May 2021. UTS discovered the issue during an internal review of its payroll system in May 2021 and self-reported the non-compliance to the Fair Work Ombudsman. The underpayments stemmed from a failure to update employment contracts and payroll systems to reflect minimum engagement pay increases outlined in the 2014 and 2018 professional staff enterprise agreements.

What was decided

UTS has entered into an Enforceable Undertaking (EU) with the Fair Work Ombudsman to rectify the underpayments and prevent future occurrences. The university has already back-paid over $3.5 million and must pay the remaining amounts by July 31, 2023. Individual underpayments ranged from less than $1 to over $209,000, with an average of $1,590. The Fair Work Ombudsman deemed an EU appropriate due to UTS’s cooperation and commitment to rectifying the issue and implementing preventative measures, including a university-wide review.

What it means for employers

Employers, particularly universities, must prioritise workplace compliance and ensure all employee entitlements are applied. Regularly reviewing and updating employment contracts and payroll systems is crucial to avoid large-scale underpayments and potential enforcement action. Seeking free advice and assistance from the Fair Work Ombudsman is recommended for employers needing help meeting their obligations.

What it means for employees

Current and former casual professional employees of UTS who worked between September 2014 and May 2021 may be entitled to back-payments. Employees can visit www.fairwork.gov.au or call the Fair Work Infoline for free advice and assistance. An interpreter service is available.

underpaymentcasual-conversionenterprise-agreementgeneral-protectionswage-theft

Every statement above is drawn from the published decision. Read the original here:

https://www.fairwork.gov.au/newsroom/media-releases/2023-media-releases/may-2023/20230511-uts-eu-media-release

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This summary was drafted by AI from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →

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