Fair Work Ombudsman
Citation: FWO-2023-09-26-unsw-litigation-media-release
At a glance
- Penalty
- $66,600
- Employees affected
- 66
What happened
The Fair Work Ombudsman (FWO) has commenced legal action against the University of New South Wales (UNSW). The FWO alleges UNSW breached workplace laws between 2017 and 2022. These breaches include failing to keep proper records of employee hours, rates of pay, and loadings; failing to include required information on pay slips; and failing to pay wages monthly. The FWO's investigation began in 2020 after UNSW self-reported non-compliance. The litigation focuses on 66 casual academic staff in UNSW’s Business School. Some allegations initially considered serious contraventions have been withdrawn.
What was decided
The FWO is seeking a penalty from UNSW for record-keeping failures and inadequate pay slip information. The initial claim included allegations of serious contraventions, but these have been withdrawn. The case is proceeding to a penalty hearing scheduled for March 2025. The FWO alleges that UNSW's record-keeping practices were inadequate, hindering verification of self-reported underpayments. The FWO will seek penalties to highlight the importance of accurate record-keeping for all employers.
What it means for employers
Employers, particularly universities, must prioritise accurate record-keeping practices. Poor record-keeping can lead to legal action and penalties. The FWO emphasises that failing to keep proper records makes it difficult to assess employee entitlements and verify underpayments. Investing in governance and compliance is crucial to avoid similar issues.
What it means for employees
Casual academic staff at UNSW were affected by the record-keeping failures. Employees should ensure their employers maintain accurate records of hours worked and pay rates. If employees suspect underpayment or record-keeping issues, they can contact the Fair Work Ombudsman for assistance.
Every statement above is drawn from the published decision. Read the original here:
https://www.fairwork.gov.au/newsroom/media-releases/2023-media-releases/september-2023/20230926-unsw-litigation-media-releaseWant more cases like this?
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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 →