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 is required to put into place a dispute resolution 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.
This Procedure aligns with the Dispute Resolution Procedure set out in the 2018 Academic and Teachers Enterprise Agreement.
In the event a current or former staff member wishes to dispute he calculation of their payment, they should make contact through either of the following methods:
Email: payroll.review@newcastle.edu.au
Telephone: 02 4921-5599
Alternately they may contact the Associate Director Workplace Relations, Governance and Policy directly at:
Email: Andrew.Cairns@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.
“Representative” – is as defined in Clause 3 of the University of Newcastle Academic Staff and Teachers Enterprise Agreement 2018. A representative must be a member of the University Staff or an official or office holder of the relevant Union who is not a member of the legal profession such as a barrister or solicitor in private practice.
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 ADWR 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 notification must be directed to the ADWR as noted above at clause 3. Within 5 days of receipt of the dispute notification, the ADWR will arrange a formal dispute meeting with the staff member and their representative (if applicable) to discuss the dispute and, if possible, reach an agreement.
If the dispute is not resolved at the first formal dispute meeting, the matter will be referred to the Chief People and Culture Officer (CPCO) for further discussion and resolution. The parties will make a genuine attempt to resolve the matter within a further 5 working days. To assist resolution, the parties may agree to nominate other staff member(s) to participate in the discussion. The University will advise the current or former staff member of the outcome of the second formal dispute meeting.
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. The ADWR is responsible for providing this advice to the FWO and any evidence requested.
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.
Status and Details
Status: Approved
Effective Date: 12 September 2022
Review Date: 2 years from the effective date
Approval Authority: Chief People and Culture Officer
Approval Date: 12 September 2022
Expiry Date: Not applicable
Responsible Executive: Chief People and Culture Officer
Enquiries Contact: Martin Sainsbury
Chief People and Culture Officer
martin.sainsbury@newcastle.edu.au
HR Support
02 4033 9999
The University of Newcastle acknowledges the traditional custodians of the lands within our footprint areas: Awabakal, Darkinjung, Biripai, Worimi, Wonnarua, and Eora Nations. We also pay respect to the wisdom of our Elders past and present.