Notice of enforceable undertaking

In 2020, the University of Sydney commenced a review of its compliance with the University of Sydney Enterprise Agreement 2013-2017 and the University of Sydney Enterprise Agreement 2018-2021. As a result of this review, the University determined that it had contravened the agreements and the Fair Work Act 2009 (Cth) by underpaying employees their entitlements. The majority of employees identified as affected by an underpayment were casual professional employees, and the underpayments related to the employees' entitlements to minimum engagement periods, overtime, allowances, public holiday penalty rates and contracted hours. The University also identified that it had failed to make and keep required employee records.  

Following identification of these underpayments, the University commenced a broad review of the work allocation, supervision and payment practices for all casual academic employees (Casual Academic Review). The Casual Academic Review is ongoing but to date has revealed underpayments to casual academic employees in the School of Mathematics and Statistics and the School of Psychology in the Faculty of Science, a number of Schools in the Faculty of Engineering, and the Sydney School of Education and Social Work in the Faculty of Arts and Social Sciences. These underpayments generally relate to failing to apply correct sessional and tutorial rates and failing to pay for all time spent marking.  

As part of the review process, the University voluntarily disclosed the contraventions to the Fair Work Ombudsman (FWO).   

The University has personally notified its impacted current and former employees of the contraventions and the underpayments owed. The University apologises unreservedly for the contraventions, and we are taking all necessary steps to remedy the contraventions, including by continuing to undertake the Casual Academic Review in remaining priority schools and faculties.   

The University has now entered into an enforceable undertaking with the FWO to ensure its ongoing compliance with Commonwealth workplace laws. The University will, as a result of the enforceable undertaking, commit to undertake a number of activities to ensure its ongoing compliance, including finalising the Casual Academic Review and commissioning an audit of employee entitlements.   

If you have queries or questions relating to your employment, please contact the University’s Shared Services Centre (+61 2 9351 2000 or hr.servicecentre@sydney.edu.au).  

Alternatively, anyone can contact the FWO via www.fairwork.gov.au or 13 13 94.