Fair Work Ombudsman
Citation: FWO-2023-10-19-checs-penalty-media-release
At a glance
- Respondent
- Community Health, Emergency Care and Support (CHECS) Pty Ltd
- Penalty
- $27,000
- Employees affected
- 1
- Awards cited
- MA000113
What happened
The Fair Work Ombudsman investigated Community Health, Emergency Care and Support (CHECS) Pty Ltd, a Logan-based company providing home care and disability services in South-East Queensland. The investigation arose from a request for assistance from a disability support worker. CHECS failed to comply with a Compliance Notice issued in June 2022, which required back-payment of entitlements to the worker for two days of employment in October-November 2021. The worker was not paid wages owed under the Social, Community, Home Care and Disability Services Industry Award 2010.
What was decided
The Federal Circuit and Family Court imposed a penalty of $27,000 against CHECS Pty Ltd for failing to comply with the Compliance Notice. The court also ordered CHECS to take action required by the Compliance Notice, including back-paying the worker. Fair Work Ombudsman Anna Booth stated that failing to act on Compliance Notices can result in penalties and back-payment obligations. The FWO prioritises compliance in the care sector.
What it means for employers
Employers, particularly those in the care sector, must comply with Compliance Notices issued by the Fair Work Ombudsman. Failure to do so can result in significant penalties and back-payment obligations. Employers should review their payroll practices and seek advice if unsure about their obligations.
What it means for employees
Employees who believe they have not received their correct pay or entitlements should contact the Fair Work Ombudsman for free advice and assistance. The Fair Work Ombudsman offers online courses and resources for employers and employees.
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This summary was drafted 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 →