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FWOFair Work Ombudsman · 13 April 2025

Fair Work Ombudsman

Citation: FWO-2025-04-14-townsend-inc-eu-media-release

At a glance

Penalty
$76,000
Employees affected
80

What happened

Townsend House Inc, a South Australian charity providing allied health services, self-reported workplace non-compliance to the Fair Work Ombudsman (FWO) in April 2023. An investigation revealed that eighty employees were underpaid base and overtime rates between September 2017 and October 2022. The underpayments, totaling over $76,000, were attributed to misunderstandings about additional hours worked and payroll system errors. The charity is part of the Can:Do Group and operates in Hindmarsh and Noarlunga, Adelaide. Affected employees held roles including administrative, social services, health professionals, and interpreters.

What was decided

Townsend House Inc signed an Enforceable Undertaking (EU) with the FWO to improve workplace compliance. The charity has back-paid $76,804 to 26 current and 54 former employees, including interest and superannuation. The average underpayment was $960, ranging from $23 to $7,700. The EU requires workplace relations training for staff, an independent audit of compliance, employee forums, and a review of internal reporting processes. The FWO welcomed Townsend House’s cooperation and commitment to rectifying the underpayments.

What it means for employers

Employers must prioritise workplace compliance and ensure their systems and processes align with legal requirements, including enterprise agreements, awards, and undertakings. They should utilise the free information and tools available on the Fair Work Ombudsman’s website, such as the Pay Calculator. Failing to comply with undertakings given to the Fair Work Commission can result in enforceable undertakings and reputational damage.

What it means for employees

Employees are entitled to be paid their correct base and overtime rates as outlined in enterprise agreements and awards. Employees can seek information and assistance from the Fair Work Infoline or report concerns anonymously through the FWO’s online tool.

underpaymentpenalty-ratesenterprise-agreementgeneral-protectionswage-theftmodern-award-variation

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

https://www.fairwork.gov.au/newsroom/media-releases/2025-media-releases/april-2025/20250414-townsend-inc-eu-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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