Employee payments review

We must ensure we are paying our people correctly for the valuable work they do in accordance with the Enterprise Agreement and workplace laws. The purpose of the Employee Payments Review (EPR) program is to ensure our people are paid correctly for any past work they were requested to undertake, as well as for all current and future allocated work. 

On 13 August 2020, the University self-notified the Fair Work Ombudsman that it had recently become aware of instances of potential non-compliance with its obligations under the Enterprise Agreement.

Yes, the University is committed to continuing to keep the Fair Work Ombudsman informed about the Employee Payments Review program, including the progress and outcomes of the historical review and staff remediation. The University entered into an Enforceable Undertaking with the Fair Work Ombudsman in December 2024.

An Enforceable Undertaking is a legally binding written agreement between the Fair Work Ombudsman and an employer who has contravened a workplace law. 

Enforceable Undertakings are often used in cases where the employer is prepared to voluntarily fix the issue and commits to preventative actions for the future. An enforceable undertaking usually includes the employer’s acknowledgement that the law has not been followed, commitments to remedy the situation and measures to prevent future non-compliance.

The University is keeping the NTEU and CPSU informed through regular scheduled meetings.

As well as a large University program team including HR, Legal, Workplace Relations, Student Services and ICT specialists, Ashurst law firm and PwC Australia are assisting with the detailed historical review and staff remediation.

The scale and complexity of the program requires a large team of dedicated and specialised resources, including University employees, contractors and consultants.

The bulk of the work to date has been investigating and calculating instances of historical underpayment to inform remediation payments for our staff. Multiple sources of historic information need to be analysed over a period of 13 semesters to correctly classify the work completed, identify any incorrect payments and calculate the correct individual remediation amounts.

External consultants have been engaged to provide independent advice and assist with this complex, specialised work so we can remediate staff as quickly as possible.

Yes, the first two phases of the Employee Payments Review Program focused on identifying and remediating professional staff affected by past underpayments. The University has paid remediation to more than 10,500 former and current professional staff, mostly casual professional staff.

The historical practices review focusing on casual academic staff is currently being conducted on a school-by-school basis for the identified priority schools. This was considered to be the most efficient way to identify non-compliant payment practices and any staff who may have been underpaid during the period from March 2017 to June 2024.

These schools were prioritised for detailed review as faculty survey results, payroll analysis and individual claims indicated past work allocation practices that may not have aligned with our Enterprise Agreement. 
 
The review involves an Employee Payments Review team identifying and sourcing historic records over a period of 13 semesters, with assistance from faculty and University School staff. These records are then manually reviewed against the Enterprise Agreement to identify any incorrect classification and paycode allocation for casual academic work.

We expect to continue the historical practices review basis for identified priority schools on a school-by-school basis up until Quarter 4 2025. As each school is reviewed, it will move to the remediation stage where underpayments are identified and calculated, with affected former and current casual academic staff contacted and paid. 

Some overpayments have been identified during the employee payments review. When the review identifies that a former or current staff member has been overpaid for a work activity, the University will not seek to recover the overpayment amount. However, if the review also identifies that the same individual has been underpaid for another work activity, the calculation of the remediation payment will incorporate the overpayment.

The University will attempt to contact affected former staff via their personal email address and phone number.

The University will make multiple attempts to notify affected former staff via their personal email address or phone number. If a former staff member cannot be located within six months, the University will pay the underpayment amount to the Commonwealth of Australia in accordance with Section 559 of the Fair Work Act. 

You can confirm your details by completing the secure online form. 

If you think you may have been paid incorrectly, you can lodge an underpayment claim within six years of the date of the payment. You will be required to provide evidence to support your claim.

You can call the University’s Shared Service Centre on (02) 9351 2000 or email hr.servicecentre@sydney.edu.au for assistance.  

The remediation process is complex and time-consuming, as multiple sources of historic information need to be analysed over a period of 13 semesters, so we can identify any incorrect payments and calculate any remediation amounts. We appreciate your patience as we continue to work through this process. 

Yes, your personal remediation and payment details will remain confidential in line with the University's Staff Privacy Statement, and will not be shared with anyone for any purpose other than reviewing and processing your underpayment claim.

The remediation payments are being carefully calculated and will include superannuation and interest.

Yes, the University is required to comply with its obligations to withhold tax from all staff salary and wage payments (including remediation payments for previous financial years) and to report those amounts to the Australian Taxation Office. 

The University is required to withhold tax from staff salary and wage payments (including remediation payments for previous and current financial years) at the rate prescribed by the Australian Taxation Office (ATO). Remediation payments are included on the PAYG payment summary for the year when the remediation payment is made. However, the ATO’s lump sum payment in arrears tax offset prevents you from being disadvantaged if you receive a lump sum payment in a later income year. Please contact your financial and/or tax advisor if you have any questions or concerns.