2 April 2025

The Fair Work Ombudsman is investigating aged care providers in five states to ensure staff are receiving the right pay and entitlements.

The FWO has inspected and/or undertaken interviews with staff and management of 20 organisations - a mix of residential aged care providers, home care organisations, and digital platforms that provide home care workers.

These 20 organisations are based in Victoria, NSW, South Australia, Queensland and Western Australia.

The regulator has investigated 27 aged care sites across both metropolitan and regional areas. Visits began in late February and continued during March. Investigations are ongoing.

The investigations focus on pay and entitlements for personal care workers, nurses, and nursing assistants, being staff providing direct care to older people in their homes and at residential aged care facilities. Record-keeping is also being assessed.

Fair Work Ombudsman Anna Booth said improving compliance in the aged care sector was one of the regulator’s priorities.

“The aged care sector employs a high number of vulnerable workers, particularly migrant workers, who are at risk of exploitation, and these inspections are making sure their workplace rights are being met,” Ms Booth said.

In 2023-24, the FWO recovered more than $40.5 million for over 22,000 underpaid aged care workers in residential aged care. In that financial year, 12 per cent of all the anonymous reports to the federal regulator were from workers providing health care and social assistance.

“Hard-working aged care workers must be paid all that they are owed under their awards, agreements and the Fair Work Act’s National Employment Standards,” Ms Booth said.

“If we find breaches, our first aim is to ensure that workers are fully and promptly back-paid. If we find employers with significant compliance issues we’ll consider our enforcement tools as appropriate.

“We want employers to get it right in the first place. The Fair Work Ombudsman supports employers and employees to identify correct pay and entitlements.

“The FWO provides tools and resources such as an up-to-date online Pay and Conditions Tool, our phone line, and a range of other information online at fairwork.gov.au so that employees know they are being paid correctly and employers can ensure they are compliant.”

Organisations were selected for inspection after considering factors including any history of non-compliance with the Fair Work Act, anonymous reports from staff members received by the FWO, and/or their employment of visa holders, among other intelligence.

Common issues for aged care workers requesting assistance from the FWO include the underpayment of base rates of pay, non-payment for overtime and penalty rates, non-payment of allowances, and non-payment of final entitlements upon leaving their employment.

Employers also need to stay across the changes to classifications and minimum pay rates for some employees in the aged care sector which have taken effect in 2025. Our website has targeted information on the award changes, as well as more broadly on the aged care sector.

The FWO has established an Aged Care Services Reference Group to support a collective approach to enhanced compliance with workplace laws.

This reference group consists of senior FWO leaders, the peak employer body Ageing Australia, and unions representing care workers - the Health Services Union, the Australian Nursing and Midwifery Federation, and the United Workers Union.

“Improving compliance in this sector requires commitment from all stakeholders, and we look forward to working with Reference Group members,” Ms Booth said.

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. A free interpreter service is available on 13 14 50.

Issues can be reported online anonymously, including in languages other than English. Employees can also seek information from their union, if they are a member, or from their employer.

The FWO also has resources for migrant and visa holder workers – who have the same workplace rights as any other workers.