NDIS plan management provider faces $40,000 fine

An NDIS plan management provider is facing legal action and penalties of up to $40,000 for underpaying a senior plan manager.

An NDIS plan management provider is facing legal action and penalties of up to $40,000 for underpaying a senior plan manager.

Fair Work Ombudsman Sandra Parker

The court action comes after the Fair Work Ombudsman formed the view that Melbourne-based provider Kukoon Pty Ltd underpaid the manager the full-time minimum wage, and that he wasn’t paid all entitlements under the industry award and the National Employment Standards after ending his employment.

Ombudsman Sandra Parker is taking action in a Melbourne Court alleging Kukoon failed to comply with a notice requiring it to backpay the manager, who is still owed $4,000.

Kukoon faces a penalty of up to $33,300 and its sole trader Filipa Watts faces a penalty of up to $6,660 for allegedly failing to comply with the compliance notice. 

The regulator is also seeking an order for Kukoon Pty Ltd to comply with the Compliance Notice, which includes rectifying the alleged underpayments in full, plus interest and superannuation.

Fair Work Ombudsman Sandra Parker says the regulator will continue to enforce workplace laws and take businesses to court where lawful requests are not complied with.

“Where employers do not comply, we will take appropriate action to protect employees. A court can order a business to pay penalties in addition to back-paying workers,” she said.

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

A directions hearing is listed in the Federal Circuit and Family Court in Melbourne on July 19.

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Tags: fair-work-ombudsman, filipa-watts, kukoon pty ltd, ndis, ndis plan management, sandra-parker,

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