Fair Work Ombudsman campaign across healthcare did well, but…

Employers need to work harder at keeping themselves informed about their obligations

Fair Work Ombudsman campaign across healthcare did well, but…
More than $100,000 for 193 workers across the industry has been recovered by the Fair Work Ombudsman’s National Healthcare and Social Assistance campaign.

“The campaign identified errors relating to pay rates, record keeping and pay slip requirements among non-compliant businesses,” Acting Fair Work Ombudsman Kristen Hannah said.
 
Six hundred ninety-six audits were done by the agency in medical services, allied health services and residential care services sectors. Businesses included GPs, physiotherapy services, dental services and retirement villages.

Of these, inspectors found that 74 per cent of businesses were fully compliant with their workplace obligations -- 85 per cent were paying their staff correctly and 86 per cent were compliant with record keeping and payslip requirements.

 “I cannot emphasise enough the importance of businesses making themselves aware of their obligations in terms of ensuring their employees are receiving their due entitlements and keeping accurate records,” Hannah said.

The agency issued 16 infringement notices, 12 formal cautions and one compliance notice to non-compliant businesses.  A total of $109,295 was recovered for employees.

Between July 2010 and June 2015 the FWO received 180,000 enquiries relating to the industry on the Fair Work Infoline and over 5,700 requests for assistance. The agency has recovered $7 million for more than 5,000 employees since 2010.

Hannah said the industry performed better than other industries it had focused on, but non-compliant businesses were still a cause for concern.

“Non-compliant businesses may find themselves liable for on-the-spot fines, hefty back payment bills and, in the most serious cases, could face court action,” Ms Hannah said.

Maximum penalties for serious contraventions of workplace laws have recently increased tenfold and penalties for record-keeping violations have doubled.

She warned that non-compliant businesses are thus exposing themselves to big fines, which are preventable in the first place.

“With the wealth of information freely available to help employers and employees understand their workplace obligations and entitlements, there are no excuses for non-compliance,” she said.
Throughout the campaign, Fair Work inspectors provided businesses with information, advice and resources to rectify any issues and ensure compliance in the future.

Further, repeat offenders can expect to face enforcement action including potential litigation and significant court penalties.

The Healthcare and Social Assistance industry is the largest employing industry in Australia with more than 1.5 million workers. It has a large numbers of small businesses and part- time and low- skilled employees.
 
The residential care services sector, in particular, also employs a high proportion of female and migrant workers.
 

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