RAQ also signs Enforceable Undertaking
Relationships Australia Queensland (RAQ) has back-paid 980 current and former employees a total of $5.64 million following a series of underpayments spanning from December 2014 to April 2023.
The back-payments, which include approximately $450,000 in superannuation and nearly $890,000 in interest, come after a compliance review uncovered widespread underpayments of employees, according to the Fair Work Ombudsman (FWO).
These workers were not paid the correct base rates of pay, leave entitlements, overtime, and other allowances, as outlined under the Social, Community, Home Care and Disability Services Industry Award 2010 and the Equal Remuneration Orders in place under its enterprise agreements.
RAQ had initially identified discrepancies while negotiating its 2019 enterprise agreement and initiated a further review. Its full audit revealed additional issues, including incorrect pay rises under a 2014 enterprise agreement, as well as misassigning pay points when transitioning to the 2019 agreement.
As a result, 980 employees were underpaid a range of entitlements, with individual back-payments ranging from small amounts to $55,137. The average back-payment was just under $4,400.
The underpaid employees, who worked across Queensland, including in regional areas such as Cairns, Townsville, and the Gold Coast, filled a variety of roles ranging from case workers to service managers.
The organisation self-reported the issue to the FWO in April 2023, after discovering the further underpayments during its internal review. The FWO found that RAQ had cooperated fully with the investigation.
RAQ has already back-paid all of the workers it could locate. However, 11 former employees remain uncontactable, with $4,940 still set aside for them if they can be located. The FWO has set up a search tool for workers to check if they are owed back-payments.
Meanwhile, the not-for-profit organisation has also signed an Enforceable Undertaking (EU) with the FWO to ensure future compliance with workplace standards.
"Under the Enforceable Undertaking, Relationships Australia Queensland has committed to implementing stringent measures to ensure all its workers are paid correctly," said Fair Work Ombudsman Anna Booth in a statement. "This includes two independent audits and regularly reporting to its board on workplace compliance."
As part of the EU, RAQ will implement a series of compliance measures, including independent audits, new reporting processes, and the creation of a consultative committee for employees. The organisation will also maintain an email inbox for employee inquiries about the issue until June 2025.
Booth emphasised the importance of ensuring employers adhere to legal wage requirements.
"We expect employers to be proactive in getting workers' pay and entitlements right, and that includes regularly ensuring enterprise agreements continue to meet legal minimums," she said. "Employers must pay the right rates set by underlying relevant awards and are required to comply with Equal Remuneration Orders."
