Marcus Zeltzer on LinkedIn: Addressing wage underpayment issues in education: A whole organisation… (2024)

Marcus Zeltzer

Founder at Yellow Canary

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There have been a number of disclosures to the The Fair Work Ombudsman from Australian higher education institutions, with confirmed underpayments exceeding $203 million and an additional $168 million earmarked for potential repayments.The National Tertiary Education Union's report attributes these issues to complex payroll systems, misclassification of roles, and inadequate compliance monitoring.Having reviewed over $80 billion of payroll records, we at Yellow Canary have found that most issues occur at the intersection of multiple core business functions.These issues are not just system-based; they are fundamentally people problems. Addressing these challenges requires a comprehensive, organisation-wide approach rather than relying solely on payroll teams. In this article, I examine the changes required in governance frameworks to effectively address underpayment issues within the tertiary sector.

Addressing wage underpayment issues in education: A whole organisation approach Marcus Zeltzer on LinkedIn

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Stephanie Monardo CPHR

Head of Workforce Services | Driving HR Transformation| Leadership |Project Management|Consulting

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You make interesting and valid points here. The most challenging aspect of a compliance framework is the behaviour change that is required. Commitment from the top and on going education will be key here. Great share.

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  • Marcus Zeltzer

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    Yellow Canary recently contributed toward the payroll compliance section of HLB Mann Judd’s Not For Profit Financial Management Report.We asked respondents if they had ever carried out an audit of payroll compliance, and how.Of those who had carried out an audit in the past, 68% used third party providers, 32% used their internal teams, and 0% of these had used technology.The Yellow Canary platform has 400 error checks that it undertakes on data before it even applies a calculation to it.As humans, we have our own habits and rituals that we can easily repeat and become biased to.Conducting a third-party wage review helps to segregate duties, achieve an unbiased and accurate review, and alleviate pressure from internal teams.Utilising technology for regular reviews can:👉 Alleviate human error👉 Eliminate repetitive and time-consuming tasks👉 Reduce professional service costs👉 Help employers to proactively manage compliance on an ongoing basis#NFP #technology #automatedcompliance #payroll

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  • Marcus Zeltzer

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    How are employers treated when they have committed several contraventions of the NES?The Fair Work Ombudsman does not look favourably on employers who have repeated instances of underpayments, even where these occur in different business units and time has passed.In 2017, The FWO took legal action against a large employer for underpaying a single salaried employee in NSW. The legal action was on the basis that the employer had previously self-reported the underpayment of 13 employees, despite the fact that:▪ This first instance of underpayment occurred 4 years prior▪ It involved hourly wage workers and not salaried workers▪ The employees were in different states (SA & QLD)▪ The employer had self-reported the second incident▪ The underpayment involved approximately only $5,200▪ The employer had rectified the underpayment▪ Penalties against the employer were still made against the employer.The lesson - when an underpayment issue emerges, it is essential to:(1) Ensure processes are in place to prevent future underpayments(2) Review your full workforce; it is not enough to look at an employee or business unit in isolation#contraventions #nationalemploymentstandards #underpayments #payroll

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  • Marcus Zeltzer

    Founder at Yellow Canary

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    Why shouldn’t you rely on your payroll system for compliance?▶ Payroll systems are primarily designed to process payments, not to ensure legal compliance.▶ They often cannot accurately apply the complex rules from modern awards and enterprise agreements.▶ No payroll system can perfectly interpret complex time and attendance data to accurately determine employee pay according to complex awards.▶ Payroll systems typically evaluate each pay period (e.g., fortnightly) in isolation, overlooking rules that span across multiple pay periods.▶ Enterprise payroll systems don’t cater to the intricacies of the Australian legal environment.We have to look at payroll as a two-way street.1️⃣ Payroll systems can focus on the inputs.2️⃣ Create a mechanism to audit the outputs. Rapidly identify, quantify and fix payroll errors before they exacerbate.#underpayments #payroll #compliance

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