Employee Entitlement Remediation Program

December 2024 Key Updates

Superannuation Review: The process of remitting remediation payments related to superannuation is nearing completion, with payments of more than $10.5M made to date to more than 8,150 current and former employees. The University is actively engaging with over 30 former employees to remit payments, which is expected to conclude in January 2025. An assurance process has been undertaken to validate system updates as effective.

Long Service Leave for Former Professional and General Employees: The process of remitting remediation payments related to historical long service leave entitlements for former professional and general employees is nearing completion, with payments of more than $270,000 made to date to 86 former employees. The University is actively engaging with 8 former employees to remit payments, which is expected to conclude in January 2025.

Long Service Leave for Casual Employees: The University is liaising with the Department of Energy, Mines, Industry Regulation and Safety (DEMIRS) to confirm the University’s approach and methodology for long service leave entitlements for casual employees. Once the approach is agreed, modelling will be finalised in phases and a system designed for calculating entitlements on an ongoing basis. Further details on progress will be shared during the first half of 2025.

Casual Employee Pay Rates: Classification and pay rates of discrete cohorts in three schools are being reviewed and affected employees will be notified once the review is complete. Additionally, as part of assurance work, an internal audit on payroll practices for casuals across the University has been undertaken. Relevant outcomes will be shared in early 2025.

University Hall: A review of entitlements for University Hall former employees is continuing in relation to the appropriate application of the University's Professional and General Employment Agreements during their tenure with the University. The University is working with external experts on defining a model from which we can accurately determine the remediation payments due to former employees affected. In addition, it was identified that a small cohort of current and former employees of University Hall did not receive all relevant entitlements when recalled to duty while on-call. Due to the complexities of both matters and the historical analysis required, the timelines have been adjusted to ensure all shortfalls are identified and accurately calculated. It is anticipated that remediation will commence in Quarter 1 of 2025.

Early Learning Centre: Through an assessment of the pay rates of Early Childhood Teachers employed in the Early Learning Centre, it was identified that the hourly rates of pay under the University of Western Australia Childcare Employees’ Collective Agreement 2015 had fallen below the rates of the Educational Services (Teachers) Award 2020 on 1 January 2022. The University undertook a review of all Early Childhood Teachers employed between the period 1 January 2022 to 30 June 2024. This review identified six current and three former employees as having a shortfall. The process of remitting remediation payments to Early Childhood Teachers is nearing completion, with more than $160,000 payments made to date.

The University acknowledges the inconsistent application and ongoing claims of underpayments across the higher education sector, as well as evolving legislative interpretations and ongoing investigations. We are committed to an ongoing culture of compliance to ensure employees are correctly remunerated.

The Employee Entitlement Remediation Program (the Program) was established to address any known or suspected misinterpretation and/or non-compliance in employee entitlement payments. The program seeks to ensure proactive measures are taken to remediate any identified historical discrepancies, as well as the appropriate future application of entitlements.

The University has reported the program’s findings to the Office of Fair Work Ombudsman (OFWO). Other key stakeholders, including the National Tertiary Education Union (NTEU) and Tertiary Education Quality and Standards Agency (TEQSA) are being informed of our progress.

The program has identified historical discrepancies in interpretation and application in the following areas:

Superannuation
Long Service Leave
Casual Pay Rates

In some instances, discrepancies have been identified for small cohorts within discrete business units including:

University Hall
Early Learning Centre

Each matter is at a different stage of review, with some matters currently being remediated and/or nearing completion.

A staged approach to the program of works is expected to continue throughout 2025.

Employee Entitlement Remediation Program process:

Identify

Evaluate legislative and contractual obligations and identify any discrepancy.

Review

Detailed assessment of compliance, analyse data and recalculate obligations.

Remediate

Communicate with impacted employees and process payments.

Prevent

Embed system, policy, process, training improvements.

Each matter identified by the program is at a different stage, as illustrated below.

Current stage of each matter:

Issue	Identify	Review	Remediate	Prevent
Superannuation	Complete	Complete	In progress	In progress
Long Service Leave - Casual	Complete	In progress	-	-
Long Service Leave - Professional and General (historical)	Complete	Complete	In progress	In progress
Casual Pay Rates	In progress	-	-	-
University Hall	Complete	In progress	-	-
Early Learning Centre	Complete	Complete	In progress	In progress

This webpage will be updated as the program of review progresses. The University commits to keeping employees informed as these matters are resolved.

Superannuation

The University undertook a detailed review of its superannuation obligations following the ATO Superannuation Guarantee Amnesty in 2020.

To assist with the review, the University engaged external experts to support our understanding of the interpretation and application of our obligations.

Identify

The University identified a change in interpretation of the University’s superannuation obligations in relation to the basis on which superannuation contributions are paid to employees entitled to 17% superannuation.

The University provides employees with up to 17% superannuation contribution, which is greater than the current minimum Superannuation Guarantee (SG) rate of 11% (for the 2023-24 financial year). The University also offers some employees a range of choices relating to their contribution rates, including partial or total conversion of employer contributions to the SG rate. This has meant that determining and calculating superannuation contributions has increasingly become complex.
Review

Following detailed review and extensive modelling, the University determined inadvertent historical discrepancies in the superannuation rate applied to some employee superannuation entitlements, including but not limited to higher duty allowances, market allowances and leave loading.

The detailed review and modelling covered the period 1 July 2013 to 24 March 2024 and identified 8,200 employees (5,500 former and 2,700 current employees) with a total superannuation shortfall over this period of $6.6 million. This represents a discrepancy of less than 1% in superannuation payments over the period.

The discrepancies identified both shortfalls and overpayments and the University committed to prompt remediation of the shortfalls. The University has not sought to recover net historical overpayments.
Remediate

The University has sought to notify all affected employees and is near completion of remediating the shortfalls, with interest.

Total payments to employee superannuation funds will be $10.6 million, comprising $6.6 million in shortfall payments and $4 million in interest.

Over $10.5M payments have been remitted. The remaining payments relate to deceased estates, and the University is in the process of obtaining required details from Executors to finalise payments. Interest has been applied using the Federal Court pre-judgment rate (currently 8.35%).

A small cohort of superannuation shortfalls ($0.1 million) was identified under the ATO legislation was remediated in May 2024, in accordance with the Superannuation Guarantee (Administration) Act 1992. For payments relating to Superannuation Guarantee (SG) obligations, the ATO has determined the interest applicable.

A small number of employees who currently receive an allowance affected by the change have received back payment for the shortfall of superannuation contributions that occurred between 25 March 2024 and 17 May 2024.

Employees who receive an allowance and continued to receive overpayments of superannuation following 17 May 2024 were contacted in August 2024 to manage a transition to the correct superannuation.
Prevent

The University clarified the basis of superannuation in its 2024 enterprise agreements and has updated policies and processes to align with the revised interpretation.

System changes are being implemented and ongoing compliance training is being supported.

A program of assurance and audits continues to ensure ongoing compliance with current and future superannuation obligations.

Superannuation FAQs

I think I might have been affected but didn't hear from the University, what can I do?

If your contact details have changed, please see the section titled “Update your Contact details” and ensure we have your current email and address. If you updated your contact details and believe you may be affected by the superannuation remediation, you can check your superannuation transaction history for June 2024. While the University did receive some returned mail, payments were made to superannuation accounts held on file or new accounts with UniSuper. If you still wish to confirm your situation, please email remediation@uwa.edu.au or call (08) 6488 6888.
Where did my superannuation remediation payments go?

All superannuation payments have been paid directly into your superannuation funds as held on record by the University.

For UniSuper members, all remediation payments will go into your accumulation account. For employees with a Defined Benefit Division (DBD) account, the fund may advise of any impact to your defined benefit calculations.

Any payments relating to Superannuation Guarantee (SG) obligations have been made via the Australian Tax Office (ATO). The ATO will assess the amount, including interest, issue correspondence to affected employees and disburse the funds to your superannuation fund.

The University has issued a letter to all affected employees advising of the shortfalls and identifying any SG components.
Are superannuation remediation payments taxable?

Superannuation contributions are typically taxable at 15%, though there are exceptions to this which will be based on your personal circumstances.

For further information on taxation, we refer you to the Australian Taxation Office (ATO) website and the How your super is taxed information on the UniSuper website.

UniSuper has been notified of the remediation and has arranged for member service consultants to be available to provide support. Appointments can be made on the UniSuper website.
The superannuation payment caused me to exceed the superannuation concessional cap. What can I do?

Concessional superannuation contributions that are above yearly limits, currently $27,500 (for the 2023-24 financial year), are included in your assessable income and may affect how much income tax you pay.

If you may be at risk of exceeding the superannuation concessional contributions cap for this financial year, refer to the Australian Taxation Office (ATO) website for information on options available to you.
How is the University dealing with deceased estates?

If a payment is owed to a deceased former employee, the University is making efforts to reach out to the executor or administrator of the estate. Any outstanding amounts will be disbursed to the estate of the deceased or their legal representative, as dictated by law.
Will remediation affect government benefits?

It is recommended that if you received any remediation payment amount and you are in receipt of benefits that you contact Services Australia (Centrelink) and seek their advice based on your individual circumstances. You can contact Services Australia by making an appointment.
How was interest determined on payments?

Under Australian Tax Office (ATO) legislation, the University has an obligation to apply interest in accordance with the ATO’s requirements for Superannuation Guarantee (SG) shortfalls. This is calculated and applied by the ATO on the shortfalls. The rate applied is currently 10% per annum nominal interest.

While there is no obligation for interest payments to be made on Enterprise Agreement shortfalls, the University determined that the Federal Court pre-judgement rate of 8.35% per annum would be applied to the cumulative quarterly total of the shortfall amounts.
How were payments calculated?

Payments comprise of a superannuation shortfall amount and interest on the shortfall amount.

The University engaged a third party to calculate the superannuation that would have been due under the revised interpretation for each fortnightly pay period for all University employees over the review period (1 July 2013 – 24 March 2024). The modelled outcomes were then compared to the actual fortnightly superannuation paid during the same period and across the quarter. Interest was calculated and applied on any net shortfalls identified in each quarter. The cumulative quarterly shortfalls over the remediation period resulted in the final total shortfall amount for each employee.

The University also decided to increase any calculated shortfalls of less than $20.00 relating to Enterprise Agreement obligations to a $20.00 payment.
I am with UniSuper, where can I see my payment?

To view the payment made by the University, log into the UniSuper website or mobile app and navigate to the “Transactions” tab. Here, you will find a record of all contributions, including an entry labelled “Award Contribution From The University Of Western Australia”. An entry will match the payment amount stated in the letter you received in May.

UniSuper can provide support and assistance in navigating where to view the payment. Appointments can be made on the UniSuper website. If you have any questions, please  contact the University’s remediation team on the hotline on (08) 6488 6888 or  remediation@uwa.edu.au.

Long Service Leave

The University undertook a detailed review of its long service leave obligations.

To assist with the review, the University engaged external experts to support our understanding of the interpretation and application of our obligations.

The review has identified two remediation matters:

Casual employees
Professional and general employees (historical review)

1. Casual Employees Long Service Leave

Identify

Review
The University is currently undertaking detailed review and extensive modelling to determine those casual employees whose entitlements may be affected. The review covers the period from 1 January 2012.

The review is complex as employees may have held more than one position or employee contract type over their employment history which attract different long service leave entitlements. They may also have taken breaks between periods of employment.

As a result, the review will be completed in phases:
1. Casual employees with only casual employment
2. Casual employees with more than one contract type (i.e. a combination casual employment and fixed-term or permanent employment).
External experts have been engaged for modelling and validation. While initial planning scheduled the review of the first phase to be completed by the end of August, our timeline has been extended. The complexity of the review will require additional time and the University has entered into discussions with the Department of Energy, Mines, Industry Regulation and Safety (DEMIRS) to discuss our approach.
Prevent

Initial planning is underway to design a system for calculating entitlements on an ongoing basis. This is also complex and will need to be finalised prior to launching remediation of phase 1.

2. Historical Professional and General Employees Long Service Leave

Identify

The University has identified a historical misinterpretation in its obligations of long service leave entitlements to a cohort of former professional and general employees who are owed additional payments of vested long service leave following their termination. 

It has now been determined that the long service leave entitlements under the General Staff Award 2005 were applicable to employees covered under the Professional & General Employees Agreement 2017. 
Review

The review covered the period of March 2013 to March 2020 and identified 94 former employees who were owed additional payments relating to a long service leave entitlement.
Remediate

The University sought to notify affected employees in July 2024 and is remediating the shortfalls, with interest. Total shortfall payments to 94 affected former employees is $285,400, comprising of $263,400 in shortfall payments and $22,000 in interest. Interest has been applied using the Federal Court pre-judgement rate.

To date, the University has remitted payments to 86 former employees, totalling $270,000 (inclusive of interest). The remaining payments relate to deceased estates and former employees that the University has not been able to contact to date, and is in the process of obtaining required details to finalise payments.
Prevent

The University will maintain regular audits of long service leave entitlements for assurance purposes.

Professional and General Employees Long Service Leave FAQs

Where will my remediation payment go?

Payments will be made directly to affected former employees via an Australian bank account.

All affected former employees will receive a letter from the University advising of the shortfall and a request to update their current payment details via a secure online form. Payments will be made in the month following receipt of payment details.
How are payments calculated?

For the first long service leave entitlement, the accrual rate for ongoing appointments from 1 November 2010 is 13 weeks of long service leave after 7 years of service as an ongoing employee. For ongoing appointments prior to 1 November 2010 and all fixed-term appointments, the accrual rate is 13 weeks of long service leave after 10 years of continuous service.

Where there is a combination of service types (fixed-term and ongoing), the accrual date will fall between 7 and 10 years, depending on the proportion of time spent in each type of appointment.

The shortfall was determined by assessing records of accruals against the above determination of accrual.
How will the University deal with deceased estates?

If a payment is owed to a deceased former employee, the University will make efforts to reach out to the executor or administrator of the estate. Any outstanding amounts will be disbursed to the estate of the deceased or their legal representative, as dictated by law.
Will remediation affect government benefits?

It is recommended that if you receive any remediation payment amount and you are in receipt of benefits that you contact Services Australia (Centrelink) and seek their advice based on your individual circumstances. You can contact Services Australia by making an appointment.

Casual Employee Pay Rates

The University is undertaking a review of its application of the casual employee rates of pay according to the nature of the work performed.

Identify

The University has identified three small, discrete cohorts that require review to confirm pay rates and classifications in accordance with the Enterprise Agreement. Affected casual employees will be notified after these detailed reviews are completed.

Additionally, the University will conduct an internal audit of casual employee payroll compliance in the fourth quarter of 2024, and any relevant findings will be shared in 2025.

University Hall

The University is currently reviewing entitlements for current and former employees at University Hall, the University’s residential college for students.

Specifically, the review concerns the following:

Former employees affected by the change in industrial instrument coverage of University Hall employees from the Higher Education Industry General Award to the University’s Professional and General Employees Agreement; and
A cohort of current and former employees who did not receive relevant overtime entitlements when recalled to duty while working on an Emergency Contact on-call roster.

Identify

1. Former Employees affected by the industrial instrument coverage: In 2020, the University identified a historical misinterpretation whereby it was understood that the Higher Education Industry General Award 2010 provided coverage for University Hall employees. It was subsequently determined that the University’s Professional and General Employees Agreement applied to University Hall employees. This change in instrument coverage resulted in a change in employee entitlements. Current employees were moved over to the correct entitlements and remediated. A cohort of former employees have been identified as having a shortfall following their separation from the University.

2. Emergency Contacts: The University has identified a cohort of current and former University Hall employees who were not paid relevant overtime entitlements when recalled to duty while working on an on-call roster, in line with the University’s Professional and General Employees Agreement/s. The University is also reviewing other entitlements for this cohort of employees which may be payable in circumstances where an employee is recalled to duty.
Review

1. Former Employees affected by the industrial instrument coverage: The review of entitlements related to the change in instrument coverage spans the period from March 2013 to May 2020, and involves assessing remediation for 162 former employees and potentially an additional 60 former employees to be included in the review. The University has engaged external experts to conduct an assessment and modelling to determine the payments due to affected former employees.

2. Emergency Contacts: Overtime following recall and other related entitlements are under review from March 2015 to May 2024 for 12 current and former employees. A comprehensive review of historical records is underway to assess the value of underpayments applicable to this cohort. Affected employees will be notified of next steps once the detailed review is completed.

Early Learning Centre - Child Care

Identify

The University has assessed the pay rates of Early Childhood Teachers employed in the University’s Early Learning Centre and identified that the hourly rates of pay under The University of Western Australia Child Care Employees’ Collective Agreement 2015 (Agreement) were below the rates of the Educational Services (Teachers) Award 2020 (Award) since 1 January 2022.
Review
The University undertook a review of all Early Childhood Teachers employed within the Early Learning Centre between the period of 1 January 2022 to 30 June 2024. The review included:
1. Identification: Identification of employees who are classified as Early Childhood Teachers and meet the definition of an Early Childhood Teacher under the Award.
2. Review and Analysis: Analysis of all identified employees’ hourly pay rates and classifications under the Agreement compared to the applicable Award since 1 January 2022 to 30 June 2024.
3. Calculate: Based on analysis, calculate any identified underpayments.
The review found that a total of 12 current and former employees were potentially affected.
Remediate
Following the review, the remediation process involved:
- Rectification: Since 1 July 2024, all current employees classified as Early Childhood Teachers in the Early Learning Centre have been paid the correct entitlement in line with the applicable Award.
- Engagement and Remediation: The University has been engaging directly with affected employees on the review and remediation of this matter. As of November 2024, over $160,000 in payments have been remitted to current and former employees, for the period between 1 January 2022 to 30 June 2024.
Prevent

The University has updated the rate of pay for Teachers in the Early Learning Centre to reflect the higher rate of pay. The University has implemented additional monitoring controls and systems to ensure that this issue does not happen again.

Update your Contact details

To assist us in contacting affected employees we ask that you ensure your contact details held on the University’s records are current.

For current employees, you can update your records via ESS.

For former employees, you can update your contact details via a secure form.

The University prioritises the confidentiality, privacy, and security of your personal information, and we are committed to safeguarding them effectively.

Employee Enquiries

If you have any questions about your entitlements or you suspect you have not been paid correctly, we invite you to contact the University’s Employee Entitlement Remediation Program team on the hotline on (08) 6488 6888 or by email to remediation@uwa.edu.au

Casual Cohort Legislative instrument	Academic	ELICOS	Child Care	Professional and General
Long Service Leave Act 1958 (WA)	Applies	Applies
Child Care (Out of School Care – Playleaders) WA Award 2003 or the Child Care (Long Day care) WA Award 2005			Applies
The University of Western Australia Professional and General Staff Award 2005				Applies

Study

Life at UWA

Our research

Partners and Community

About us

Employee Entitlement Remediation Program

On this page

Identify

Review

Remediate

Prevent

Superannuation

Superannuation FAQs

Long Service Leave

1. Casual Employees Long Service Leave

2. Historical Professional and General Employees Long Service Leave

Professional and General Employees Long Service Leave FAQs

Casual Employee Pay Rates

University Hall

Early Learning Centre - Child Care

Update your Contact details

Employee Enquiries

Study

Life at UWA

Our research

Partners and Community

About us

How can we help you?

Employee Entitlement Remediation Program

On this page

Identify

Review

Remediate

Prevent

Superannuation

Superannuation FAQs

Long Service Leave

1. Casual Employees Long Service Leave

2. Historical Professional and General Employees Long Service Leave

Professional and General Employees Long Service Leave FAQs

Casual Employee Pay Rates

University Hall

Early Learning Centre - Child Care

Update your Contact details

Employee Enquiries