The case launched by the Fair Work Ombudsman will appear in the Federal Court in August. Photo: Federal Court of Australia.
The operator of a disability support services business in a town north of Goulburn is facing legal action by the Fair Work Ombudsman over alleged underpayments to two employees.
On Tuesday (11 June), an ombudsman spokesperson said the regulator had started investigating Kristy Leanne Tate – who operates Kreating Real Change Disability Services in Crookwell – after receiving requests for assistance from two workers.
The pair were employed at her business in full-time home care positions between June 2020 and September 2022.
A Fair Work inspector issued a compliance notice to Ms Tate in December 2022 after forming a belief that the workers had allegedly been underpaid their legal entitlements.
“The inspector formed a belief that both workers were underpaid minimum wages, overtime, annual leave entitlements and public holiday penalty rates, that one of the workers was also underpaid for afternoon shift loading and that the other worker was also underpaid for night shift loading and sleepover allowances,” the spokesperson alleged.
The ombudsman alleged Ms Tate failed to comply with the compliance notice, which required her to pay the workers $13,878 worth of entitlements.
The ombudsman is asking the court to impose a penalty for the alleged failure to comply with the notice, which means Ms Tate could face a fine of up to $8250.
The regulator also wants her to be ordered to pay the alleged amount owing to the employees, plus superannuation and interest.
The matter has been listed for a directions hearing in the Federal Circuit and Family Court in Sydney on 6 August.
Employers and employees can visit Fair Work’s website by clicking here or call the Fair Work Infoline on 13 13 94 for free advice and assistance.
“Where employers do not comply, we will take appropriate action to protect employees. A court can order a business to pay penalties and make payments to workers,” Fair Work Ombudsman Anna Booth said.
“Employers also need to be aware that taking action to improve compliance in the care sector is among our top priorities.
“Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free assistance.”
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