Remediation payment dispute procedure

Section 1 - Introduction

Pursuant to Clause 19 of the Enforceable Undertaking (EU) the University of Newcastle (University) entered into with the Fair Work Ombudsman (FWO) on 28 August 2022, the University put into place a process to address any instance where a current or former staff member disputes the calculation of an amount they have been or are expected to be paid under the University’s payroll remediation project.

In the event a current or former staff member wishes to dispute the calculation of their payment, they should make contact by email to payroll.review@newcastle.edu.au

Section 2 – Scope

This procedure applies only to payments or proposed payroll remediation payments that are subject to Enforceable Undertaking the University entered into with the FWO on 28 August 2022.

Section 3 – Definitions

In the context of this document the following definitions apply:

“Enforceable Undertaking” - An enforceable undertaking (EU) is a written agreement between the FWO and a party who has not followed an Australian workplace law.

Section 4 - Procedure

All dispute notifications must be recorded in the master worksheet (Payroll Remediation Project Calculation Concerns Reporting and Monitoring Worksheet) to ensure they are managed in accordance with this procedure and in a timely manner.

All disputes under this procedure should be resolved within 30 days of the first notification, unless an alternative resolution timeframe is agreed to between the parties.

The current or former staff member should set out the nature of their dispute with the payment made or proposed payment in writing, documenting as much detail as possible. A current or former staff member may also request details and an explanation of their payment or proposed payment prior to notifying a dispute.

The FWO may refer disputes that are notified to them to the University for resolution under this procedure.

The University must notify the FWO of any dispute made to the University within 14 days of receipt, as follows: Patrick Spithill – Compliance Relationship Manager – patrick.spithill@fwo.gov.au

In the first instance, the current or former staff member shall be contacted to discuss their dispute or to explain how the calculation was made and respond to their questions informally. It is expected most disputes or enquiries will be resolved at this stage.

If the current or former staff member advises that they still dispute the calculation, they may notify the University in writing that they dispute the calculation. The dispute resolution procedure of the relevant Enterprise Agreement will be followed to settle the dispute.

The University will advise the FWO of the outcome of any enquiry or dispute under this procedure within 60 days of initial receipt and provide reasonable evidence to the FWO to demonstrate it has met its obligations to the current or former staff member that initiated the enquiry or dispute.

Section 5 – Adjustment Payments

If as a result of an informal dispute resolution discussion an adjustment to a payment is required, the adjustment must be approved in writing by the CPCO prior to payment being made to the staff member. If as a result of a formal dispute resolution meeting an adjustment is required, the adjustment must be approved in writing by the Chief Operating Officer (COO) prior to payment.

Enquiries Contact:

Martin Sainsbury, Chief People and Culture Officer

martin.sainsbury@newcastle.edu.au

HR Support, 02 4033 9999