Fair Work Ombudsman
Citation: FWO-2022-07-07-silver-chain-eu-media-release
At a glance
- Penalty
- $17,000,000
What happened
Silver Chain Group Limited, a national not-for-profit community health and aged services organisation, signed an Enforceable Undertaking with the Fair Work Ombudsman after back-paying Western Australian staff more than $17 million. Silver Chain self-reported in 2020 after identifying underpayments in a review triggered by employee concerns. Between 2013 and 2021, WA employees were underpaid entitlements set out in the Silver Chain Group Limited National (Non-Nursing) Enterprise Agreement 2017 and its 2014 and 2009 predecessors. Most affected staff were part-time care aides, home help and therapy assistants across Perth and regional WA.
What was decided
Silver Chain entered an EU with the FWO and back-paid more than $17 million in remediation, interest and superannuation. The figure is not a civil penalty. Under the EU, Silver Chain agreed to compliance measures covering its WA operations.
What it means for employers
When shifts are changed frequently, payroll systems must recalculate entitlements on each change, not treat the original roster as final. Care and community services organisations with rolling shift changes are a known compliance risk. Regular audits of part-time and casual engagements against the enterprise agreement are essential.
What it means for employees
Silver Chain part-time care aides, home help staff and therapy assistants in WA between 2013 and 2021 may be owed back-pay. Silver Chain has been contacting affected staff. If you believe you have been missed, contact Silver Chain's remediation team or the FWO on 13 13 94.
Every statement above is drawn from the published decision. Read the original here:
https://www.fairwork.gov.au/newsroom/media-releases/2022-media-releases/july-2022/20220707-silver-chain-eu-media-releaseWant more cases like this?
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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 →