Disability support services company in court
The Fair Work Ombudsman has commenced legal action against a company that provides home care and disability services in South-East Queensland.
Facing the Federal Circuit and Family Court in Brisbane is Community Health, Emergency Care and Support (CHECS) Pty Ltd, which is based in the Gold Coast region.
The regulator investigated after receiving a request for assistance from a disability support worker the company had employed on a casual basis in October-November 2021.
A Fair Work Inspector issued a Compliance Notice to the company in June 2022 after forming a belief the worker was not paid any wages for the final two days of his employment, owed under the Social, Community, Home Care and Disability Services Industry Award 2010.
The Fair Work Ombudsman alleges Community Health, Emergency Care and Support (CHECS) Pty Ltd, without reasonable excuse, failed to comply with the Compliance Notice, which required it to calculate and back-pay the worker’s entitlements.
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 FWO is seeking penalties in court for the alleged failure to comply with the Compliance Notice. Community Health, Emergency Care and Support (CHECS) Pty Ltd faces a penalty of up to $33,300.
The regulator is also seeking an order for the company to rectify the alleged underpayment in full, plus interest and superannuation.
Employers and employees can visit www.fairwork.gov.au or call the Fair Work Infoline on 13 13 94 for free advice and assistance about their rights and obligations in the workplace. An interpreter service is available on 13 14 50.
Small businesses can find targeted resources at the Small Business Showcase.
