The operators of a Victorian home nursing and care services provider will face court after allegedly failing to backpay two managers for a combined total of more than 400 hours of work.

Sandra Parker

The Fair Work Ombudsman has commenced legal action in the Federal Circuit and Family Court in Melbourne against Angels Care (Australia) Pty Ltd and company director Geoffrey David Harrison.

The company faces a maximum penalty of up to $33,300 and Mr Harrison faces a maximum penalty of up to $6,600.

The regulator launched an investigation after being contacted by two workers who had been employed as managers by Angels Care.

A Fair Work Inspector issued a Compliance Notice to the company after concluding the company had failed to pay accrued but untaken annual leave entitlements when the employees left in 2021.  

The inspector said the workers were owed 299 hours and 123 hours of annual leave entitlements respectively.

It’s alleged that Angels Care failed to back-pay the workers’ entitlements and that Mr Harrison was involved in the contravention.

“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,” Fair Work Ombudsman Sandra Parker said.

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

The regulator is seeking an order for Angels Care to rectifying any underpayments in full, plus interest and superannuation.

A directions has been listed for Friday, 29 April.

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