The Fair Work Ombudsman has again secured a penalty in court against the operator of a disability support services business operating in southern New South Wales.
The Federal Circuit and Family Court has imposed a $7,012 penalty against sole trader Kristy Leanne Tate who operates Kreating Real Change Disability Services in Crookwell.
The penalty was imposed in response to Ms Tate failing to comply with a Compliance Notice requiring her to back-pay two workers, a married couple, she employed at her business in full-time home care positions for various periods between June 2020 and September 2022.
The Court has also ordered Ms Tate to back-pay the workers a total of $13,878, plus superannuation and interest.
The penalty and back-pay order come after the FWO secured penalties in July 2023 against Ms Tate for failing to comply with an earlier Compliance Notice requiring her to calculate and back-pay entitlements to two young workers.
Fair Work Ombudsman Anna Booth said the regulator was prepared to take legal action against business operators who continue to breach workplace laws.
"It is disappointing that we have had to take legal action again against Ms Tate for her failure to comply with another Compliance Notice," Ms Booth said.
"Employers who fail to act on these notices risk substantial penalties and back-payment orders.
"Employers also need to be aware that taking action to improve compliance in the disability support services sector is among our top priorities. Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free assistance."
In this latest case against Ms Tate, the FWO investigated after receiving requests for assistance from the affected workers.
A Fair Work Inspector issued a Compliance Notice to Ms Tate in December 2022 requiring her to back-pay the workers' entitlements under the Social, Community, Home Care and Disability Services Industry Award 2010 and the Fair Work Act's National Employment Standards.
The Fair Work Inspector issued the notice after forming a belief that both workers were underpaid minimum wages, overtime, annual leave entitlements and public holiday entitlements.
The inspector also formed a belief that one of the workers was also underpaid for afternoon shift loading and the other worker was also underpaid for night shift loading and sleepover allowances.
In imposing the penalty, Judge Nicholas Manousaridis found the loss to the employees was "significant" and that Ms Tate had ignored the Compliance Notice.
"The evidence shows, and I find, that Ms Tate was aware the employees were owed money because they sent text messages to her demanding payment of their wages to which Ms Tate responded, but Ms Tate did not pay the amounts owing to the employees. Ms Tate received the Compliance Notice, but she ignored it," Judge Manousaridis said.
Judge Manousaridis found that due to the previous proceedings against Ms Tate, there was a need to impose a "meaningful" penalty to deter her and other employers from similar conduct in future.
