We initiated a formal dispute with Complete about incorrect classification. The issue is likely to find resolution at the Fair Work Commission and involve underpayment claims in the Federal Circuit Court.
Reports from you have brought to light Complete’s dodgy practice of employing support workers at SACS Level 1, allowing them to pocket NDIS funding without passing it on to workers. While Level 1 disability support work employment is basically unheard of among legitimate employers, we have seen a recent spike from cowboys in the sector trying to get away with it.
Let's be crystal clear: if you are not working under close direction, direct supervision and receiving extensive on-the-job training, you should not be employed at Level 1.
We’ve asked Complete to rectify this immediately and backpay members who are misclassified and paid at SACS Level 1.
The ball is in Complete’s court now to do the right thing. We’ve made it clear that if they fail to do so, they will risk a series of very significant fines through the Federal Circuit Court amounting to almost $100,000 per breach.
We’ll let you know how Complete respond, so stay tuned! We are serious about addressing underpayments and will not let go until justice is served. If you know anyone who is not a member – encourage them to join, as only members can be part of our collective claim.