Legal action taken against NDIS support services provider

A National Disability Insurance Scheme (NDIS) support services provider is facing court after allegedly failing to comply with an unfair dismissal compensation order.

The Fair Work Ombudsman commenced legal action against OzNDIS after the organisation allegedly failed to make compensation payments after unfairly dismissing a worker in August 2021.

In January 2022, the Fair Work Commission ordered OzNDIS to pay the worker $4,038.45 in compensation by February 2022.

The business’s sole director, Fabian Robinson, operates the company out of Mornington, Victoria. It is alleged that Mr Robinson was involved in breaching the Fair Work Act after failing to provide compensation.

Kristen Hannah, the acting Fair Work Ombudsman, said this legal action would reinforce how significant it is to breach Fair Work Commission orders.

“It is fundamental for the integrity of the workplace relations system that Fair Work Commission orders are complied with. The Fair Work Ombudsman is prepared to take legal action to ensure that employees receive all owed compensation and entitlements,” explained Ms Hannah.

“Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free advice and assistance.”

OzNDIS will reportedly face a penalty of $66,600 for this breach, and Mr Robinson himself faces up to $13,320.

Further payments are being chased by the Fair Work Ombudsman for outstanding compensation and interest for the employee.

A directions hearing is listed in the Federal Circuit and Family Court in Melbourne on 6 July 2023.

Both the Fair Work Commission and the Fair Work Ombudsman work together to protect workers’ rights in Australia. They do have different roles, however.

The Fair Work Commission, as described on its website, is “the independent national workplace relations tribunal. They’re responsible for maintaining a safety net of minimum wages and employment conditions. They also have a range of other workplace functions and regulation.”

Its responsibilities include:

• Employer/employee bargaining
• Deal with applications relating to ending employment
• Deal with harassment/bullying applications and disputes
• Deal with flexible working arrangements and extending unpaid parental leave
• Make orders about industrial action, including strikes, work bans and lockouts
• Provide mediation, conciliation, and public tribunal hearings to resolve workplace disputes
• Deal with remuneration claims
• Regulate unions and employer groups.

The Fair Work Ombudsman is different and is described as: “We enforce compliance with the Fair Work Act 2009, related legislation, awards and registered agreements. We also help employers and employees by providing advice, education and assistance on pay rates and workplace rights and obligations.”

The ombudsman’s responsibilities include:

• Provide information about Australia’s workplace relations system
• Educate people about fair work practices, rights and obligations
• Resolve workplace issues
• Enforce workplace laws and seek penalties for breaches of workplace laws
• Enforce orders made by the commission