The Fair Work Ombudsman (FWO) has launched an inquiry into compliance with workplace laws in the disability support services sector.
Why is the FWO doing this?
The FWO says between January 2020 and December 2024, it responded to more than 75,000 enquiries within the disability support services sector. It also received more than 2500 anonymous reports.
“We have serious concerns about workplace compliance in the disability support services sector,” Fair Work Ombudsman Anna Booth said.
“The time is right to look at how we can boost compliance with workplace laws and ultimately drive systemic change.”
She added every worker in the sector must be paid the money they are owed, and that businesses that don’t do this create an uneven playing field that results in worse services for people with disability.
What will the inquiry do?
The inquiry’s main objective is to identify what causes non-compliance.
Its first phase, which will take around 18 months, will involve the FWO speaking with workers, managers, directors, digital platform providers, and clients who require disability support services around the country, about their workplace experiences within the sector, and assessing whether minimum entitlements relating to wages and conditions are being met.
“Once we have identified the root causes of non-compliance in the sector, we can work with key industry partners and government stakeholders in taking action to effectively secure an improved, sustainable culture of compliance with Fair Work laws,” Booth said.
The FWO’s investigations in the sector have previously found widespread, sometimes large-scale non-compliance.
Workplace participants have told the FWO they face compliance challenges around many factors including a strong demand for their services; heavy reliance on migrant workers; high levels of casualisation involving a predominantly female workforce; quick turnover of staff; significant regulatory reform; and concerns about tight profit margins and financial viability.
How has the inquiry been designed?
The FWO has spoken to unions, businesses and business organisations to design the terms of this inquiry. Some of the key themes so far are non-compliance with the law including among small-sized and unregistered providers; increasing labour costs; the impact of digital gig platform providers; and financial pressures.
“We’re aware that change won’t happen overnight. What we’re looking to achieve, ultimately, is for businesses to find it easier to comply with the relevant Fair Work laws, and to commit to self-reporting non-compliance in the sector; and for workers to have a strong understanding of their rights and obligations,” Booth said.
“We’re here to collaborate and listen, and we can’t change behaviour across the sector alone. The better informed we are, the more able we are to achieve meaningful outcomes for businesses and workers in this critical sector. Our combined efforts will help make a difference.”
Do you want to share the story of your workplace for the inquiry? Please check out the FWO website for details on how to share.
Where to find more information
Resources for businesses and workers in the disability support sector are available on the FWO website.
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. An interpreter service is available on 13 14 50.
The FWO also has an online anonymous report tool, including options to report in languages other than English, and information for migrant workers is available at visa holders and migrants webpage.
Employees can also seek information from their employer or their union, if they are a member.