The Australian Nursing and Midwifery Federation (ANMF) has welcomed the Fair Work Ombudsman’s targeted investigations into 20 aged care providers across the country.
The FWO last week revealed it is investigating 20 organisations – a mix of residential aged care providers, home care organisations, and digital platforms that provide home care workers – to ensure staff including nurses and AINs/PCWs are receiving the right pay and entitlements.
The providers were selected due to having a history of non-compliance, with the investigations drawing on information from a range of sources, including unions.
The regulator has already investigated 27 aged care sites across both metro and regional areas. Visits, which began in late February and continued during March, remain ongoing.
“The aged care sector employs a high number of vulnerable workers, particularly migrant workers, who are at risk of exploitation, and these inspections are making sure their workplace rights are being met,” Fair Work Ombudsman, Anna Booth, said.
In 2023-24, the FWO recovered more than $40.5 million in underpayments for over 22,000 aged care workers, with 12% of all reports to the federal regulator coming from workers providing healthcare and social assistance.
The FWO supports employers and workers to identify correct pay and entitlements, providing tools and resources such as an up-to-date online Pay and Conditions Tool.
“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,” Ms Booth said.
“If we find breaches, our first aim is to ensure that workers are fully and promptly back-paid. If we find employers with significant compliance issues, we’ll consider our enforcement tools as appropriate.”
The investigations are being supported by the Aged Care Services Reference Group, established by the FWO last year. Made up of representatives from the ANMF, HSU, UWU, and peak employer body, Ageing Australia, the group aims to improve compliance with award and agreement obligations in the aged care sector.
“The ANMF supports these investigations as they will result in members recovering underpayments of wages and allowances,” ANMF Senior Federal Industrial Officer Kristen Wischer said.
“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.
“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.”
In the coming weeks, ANMF Branches may be contacted by FWO investigators seeking additional information about suspected breaches of agreements, awards or issues relating to underpayments.
The ANMF looks forward to continuing to work with the FWO to ensure aged care members are paid correct wages and receive all entitlements.
Employers and employees can visit www.fairwork.gov.au or call the Fair Work Infoline on 13 13 94 for free advice and assistance about their rights and obligations in the workplace. A free interpreter service is available on 13 14 50.
