Fair Work Ombudsman
Citation: FWO-2026-01-14-unsw-penalty-media-release
At a glance
- Penalty
- $213,120
- Employees affected
- 63
What happened
The Fair Work Ombudsman secured a penalty against the University of New South Wales (UNSW) for record-keeping failures. Between 2017 and 2022, UNSW failed to keep records for 63 casual academic employees, including hours worked, pay rates, and casual loading entitlements. They also failed to include casual loading information on pay slips. The Fair Work Ombudsman first raised concerns in 2018, and a formal underpayment investigation began in 2020 after UNSW self-reported widespread underpayments. The legal action focused on staff in the UNSW Business School at Kensington, Sydney.
What was decided
The Federal Circuit and Family Court imposed a $213,120 penalty on UNSW for breaching the Fair Work Act. The court found the failures were systemic, long-standing, and that UNSW did not disclose the record-keeping issues despite being alerted in 2018. Judge Obradovic noted UNSW’s failure to implement simple timesheets. The decision highlights the importance of record-keeping and the consequences of non-compliance. UNSW is providing updates on a back-payment program involving several million dollars.
What it means for employers
Employers, particularly large and well-resourced organisations like universities, must prioritise accurate and complete record-keeping. Failing to do so can result in significant penalties. Proactive engagement with the Fair Work Ombudsman and prompt correction of identified issues are crucial to avoid legal action. Simple systems like timesheets should be implemented promptly when record-keeping issues are identified.
What it means for employees
Casual academic employees should be aware of their right to accurate pay records. If employees suspect underpayments or record-keeping failures, they can contact the Fair Work Ombudsman for assistance. The Fair Work Ombudsman is working to verify self-reported underpayments.
Every statement above is drawn from the published decision. Read the original here:
https://www.fairwork.gov.au/newsroom/media-releases/2026-media-releases/january-2026/20260114-unsw-penalty-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 →