NDIS plan-management provider faces court
13 October 2022
On 3 October 2022 the court declared that Kukoon Pty Ltd and its sole director Filipa Watts breached the Fair Work Act by failing to comply with a Compliance Notice. No penalties were imposed.
The Fair Work Ombudsman has commenced legal action against a Melbourne-based company that provides National Disability Insurance Scheme plan-management services.
Facing court are Kukoon Pty Ltd and its sole director Filipa Watts.
The regulator investigated after receiving a request for assistance from a worker who had been employed as a full-time senior plan manager between February 2020 and September 2020.
A Fair Work Inspector issued a Compliance Notice to Kukoon Pty Ltd in July 2021 after forming a belief the worker had not been paid all entitlements owed under the Social, Community, Home Care and Disability Services Industry Award 2010 and the National Employment Standards.
The inspector believed the worker was underpaid the full-time minimum wage, payment-in-lieu-of-notice and accrued but untaken annual leave entitlements at the end of his employment.
The Fair Work Ombudsman alleges Kukoon Pty Ltd, without reasonable excuse, failed to comply with the Compliance Notice, which required it to calculate and back-pay the worker’s entitlements. It is alleged the worker is still owed $3,989.76.
Fair Work Ombudsman Sandra Parker said the regulator would continue to enforce workplace laws and take businesses to court where lawful requests are not complied with.
“Where employers do not comply, we will take appropriate action to protect employees. A court can order a business to pay penalties in addition to back-paying workers.”
“Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free assistance,” Ms Parker said.
The Fair Work Ombudsman is seeking penalties. Kukoon Pty Ltd faces a penalty of up to $33,300 and Ms Watts faces a penalty of up to $6,660 for allegedly failing to comply with the Compliance Notice.
The regulator is also seeking an order for Kukoon Pty Ltd to comply with the Compliance Notice, which includes rectifying the alleged underpayments in full, plus interest and superannuation.
A directions hearing is listed in the Federal Circuit and Family Court in Melbourne on 19 July 2022.
Employers and employees can visit www.fairwork.gov.au or call the Fair Work Infoline on 13 13 94 for free advice and assistance. An interpreter service is available on 13 14 50. Small businesses can find targeted resources at the Small Business Showcase.
