FWO inspects 20 aged care providers to ensure pay compliance

Inspections focusing on pay, entitlements of personal care workers, nurses, nursing assistants

FWO inspects 20 aged care providers to ensure pay compliance

The Fair Work Ombudsman (FWO) has launched a series of inspections on aged care providers across five states to ensure their employees are getting the right pay and entitlements. 

A total of 20 organisations have been visited by the FWO, where inspectors interviewed the staff and management of the providers. 

The visits, which began in late February, are focusing on pay and entitlements for personal care workers, nurses, and nursing assistants, as well as the organisations' record-keeping. 

Fair Work Ombudsman Anna Booth said these inspections seek to ensure that the workplace rights of vulnerable workers in the aged care sector are being met. 

"If we find breaches, our first aim is to ensure that workers are fully and promptly back-paid," Booth said in a statement. "If we find employers with significant compliance issues, we'll consider our enforcement tools as appropriate." 

Targeted organisations include residential aged care providers, home care organisations, and digital platforms that provide home care workers in Victoria, New South Wales, South Australia, Queensland, and Western Australia. 

According to the FWO, they were chosen based on their history of non-compliance, anonymous reports from staff members, among other intelligence. 

Recovering underpaid wages, allowances 

The Australian Nursing and Midwifery Federation (ANMF) said the FWO's targeted investigations will likely result in members recovering underpayments of wages and allowances. 

"This project is likely to lead to further recoveries either on a voluntary or enforced basis and extends to home care providers and gig platforms," said Kristen Wischer, ANMF Senior Federal Industrial Officer, in a statement. 

"It is also expected, as a result of the current investigations, that the FWO will be able to identify risks and then assist providers in ensuring payroll systems are up to date and set to prevent future underpayments from occurring." 

Australia's aged care sector employs a high number of vulnerable workers, including migrant workers, who are at risk of exploitation, according to Booth. 

In 2023-24, the FWO recovered over $40.5 million for over 22,000 underpaid aged care workers in residential aged care. 

"Hard-working aged care workers must be paid all that they are owed under their awards, agreements, and the Fair Work Act's National Employment Standards," Booth said. 

"We want employers to get it right in the first place. The Fair Work Ombudsman supports employers and employees to identify correct pay and entitlements."