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FWOFair Work Ombudsman · 3 March 2022

Fair Work Ombudsman

Citation: FWO-2022-03-04-kukoon-litigation-media-release

At a glance

Penalty
$3,990
Employees affected
1
Awards cited
MA000010

What happened

The Fair Work Ombudsman commenced legal action against Kukoon Pty Ltd, a Melbourne-based company providing National Disability Insurance Scheme (NDIS) plan-management services, and its sole director, Filipa Watts. This followed a request for assistance from a former senior plan manager who worked full-time between February 2020 and September 2020. A Fair Work Inspector issued a Compliance Notice in July 2021, believing the worker was underpaid minimum wage, payment-in-lieu-of-notice, and accrued annual leave. The company allegedly failed to comply with the notice and still owes the worker approximately $3,989.76.

What was decided

The Fair Work Ombudsman is seeking penalties against Kukoon Pty Ltd and Filipa Watts for failing to comply with the Compliance Notice. Kukoon Pty Ltd faces a potential penalty of up to $33,300, and Ms Watts faces a potential penalty of up to $6,660. The Ombudsman also seeks an order for the company to rectify the alleged underpayments, including interest and superannuation. A directions hearing is scheduled in the Federal Circuit and Family Court.

What it means for employers

Employers, particularly those in the social services sector, must ensure they comply with Compliance Notices issued by the Fair Work Ombudsman. Failure to do so can result in significant penalties and orders to back-pay entitlements, plus interest and superannuation.

What it means for employees

Employees who believe they have been underpaid or are not receiving their full entitlements should contact the Fair Work Ombudsman for free assistance. The Ombudsman can investigate and enforce workplace laws to protect employee rights.

underpaymentgeneral-protectionspenalty-ratesmodern-award-variationsham-contracting

Every statement above is drawn from the published decision. Read the original here:

https://www.fairwork.gov.au/newsroom/media-releases/2022-media-releases/march-2022/20220304-kukoon-litigation-media-release

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This summary was drafted by AI from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →

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