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 of Western Australia regularly reviews the policies, processes, practices and systems which support the historical interpretation, application and compliance of employee entitlements and pay.
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.
Superannuation FAQs
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I think I might have been affected but didn't hear from the University, what can I do?
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Where did my superannuation remediation payments go?
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Are superannuation remediation payments taxable?
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The superannuation payment caused me to exceed the superannuation concessional cap. What can I do?
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How is the University dealing with deceased estates?
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Will remediation affect government benefits?
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How was interest determined on payments?
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How were payments calculated?
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I am with UniSuper, where can I see my payment?
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
2. Historical Professional and General Employees Long Service Leave
Professional and General Employees Long Service Leave FAQs
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.
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.
Early Learning Centre - Child Care
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