Disability support services company penalised

19 October 2023

The Fair Work Ombudsman has secured a penalty of $27,000 in court against a company that provides home care and disability services in South-East Queensland.

The Federal Circuit and Family Court has imposed the penalty against Logan-based Community Health, Emergency Care and Support (CHECS) Pty Ltd.

The penalty was imposed in response to the company failing to comply with a Compliance Notice requiring it to back-pay entitlements to a disability support worker it had employed on a casual basis in October-November 2021.

The Court also ordered Community Health, Emergency Care and Support (CHECS) Pty Ltd take the action required by the Compliance Notice, which includes back-paying the worker in full.

Fair Work Ombudsman Anna Booth said business operators that fail to act on Compliance Notices need to be aware they can face penalties in court on top of having to back-pay workers.

“When Compliance Notices are not followed, we are prepared to take legal action to ensure workers receive all their lawful entitlements,” Ms Booth said.

“Employers also need to be aware that taking action to improve compliance in the care sector is a priority for the Fair Work Ombudsman. Any employees with concerns about their pay or entitlements should contact us for free advice and assistance.”

The FWO investigated after receiving a request for assistance from the affected worker.

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.

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.

The FWO provides a free online course to help employers understand what a Compliance Notice is and how to respond if they get one. The Compliance Notice course, among a suite of free interactive courses on offer for employers, managers and employees, is available in our online learning centre.

Small businesses can find targeted resources at the Small Business Showcase.

Follow the Fair Work Ombudsman @fairwork_gov_au or find us on Facebook www.facebook.com/fairwork.gov.au.

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Media inquiries:

Danna, 0499 261 162, media@fwo.gov.au