Fair Work Ombudsman
Citation: FWO-2024-06-11-tate-2nd-litigation-media-release
At a glance
- Respondent
- Kreating Real Change Disability Services
- Penalty
- $13,878
- Employees affected
- 2
- Awards cited
- MA000113
What happened
The Fair Work Ombudsman has taken legal action against the Respondent, the sole trader operating Kreating Real Change Disability Services in Crookwell, New South Wales. This follows a previous penalty imposed on the Respondent for failing to comply with a Compliance Notice. The current action relates to two workers, a married couple, who were employed in full-time home care positions between June 2020 and September 2022. A Fair Work Inspector believed the workers were underpaid minimum wages, overtime, annual leave, public holiday penalty rates, shift loadings, and sleepover allowances under the Social, Community, Home Care and Disability Services Industry Award 2010 and the National Employment Standards.
What was decided
The Fair Work Ombudsman alleges the Respondent failed to comply with a Compliance Notice requiring her to calculate and back-pay the workers’ entitlements, which totalled $13,878. The FWO is seeking a penalty of up to $8,250 against the Respondent and an order for her to pay the alleged amount owing, plus superannuation and interest. A directions hearing is scheduled for August 6, 2024. This action follows a previous penalty of $4,290 imposed on the Respondent for a similar failure to comply with a Compliance Notice.
What it means for employers
Employers, particularly in the care sector, must ensure they comply with workplace laws and respond appropriately to Compliance Notices issued by the Fair Work Ombudsman. Failure to do so can result in significant penalties and back-payment orders. The Fair Work Ombudsman prioritises enforcement in the care sector, so employers should review their pay practices and seek assistance if needed.
What it means for employees
Employees who have concerns about their pay or entitlements should contact the Fair Work Ombudsman for free assistance. There are resources available on the Fair Work Ombudsman’s website and through the Fair Work Infoline.
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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 →