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FWOFair Work Ombudsman · 28 June 2023

Fair Work Ombudsman

Citation: FWO-2023-06-29-checs-litigation-media-release

At a glance

Penalty
$33,300
Employees affected
1
Awards cited
MA000128

What happened

The Fair Work Ombudsman has taken legal action against Community Health, Emergency Care and Support (CHECS) Pty Ltd, a disability services company based in the Gold Coast region of Queensland. The action follows a request for assistance from a casual disability support worker employed in October-November 2021. A Fair Work Inspector issued a Compliance Notice in June 2022, alleging the worker was not paid wages owed under the Social, Community, Home Care and Disability Services Industry Award 2010. CHECS allegedly failed to comply with the notice.

What was decided

The Fair Work Ombudsman is seeking penalties against Community Health, Emergency Care and Support (CHECS) Pty Ltd for failing to comply with the Compliance Notice. The company faces a potential penalty of up to $33,300. The FWO also seeks an order for CHECS to rectify the alleged underpayment, including interest and superannuation. The case is before the Federal Circuit and Family Court.

What it means for employers

Employers must 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. Employers should review their payroll practices to ensure compliance with relevant awards and legislation.

What it means for employees

Employees who believe they have been underpaid or are experiencing issues with their pay or entitlements should contact the Fair Work Ombudsman for free assistance. Interpreter services are available.

underpaymentpenalty-ratesgeneral-protectionsmodern-award-variation

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

https://www.fairwork.gov.au/newsroom/media-releases/2023-media-releases/june-2023/20230629-checs-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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