Queensland disability services company faces court
The Fair Work Ombudsman has commenced legal action against a Queensland-based disability support services company.
Facing court is Agape Reablement and Support Services Pty Ltd, which operates primarily in south-east Queensland.
The regulator investigated after receiving requests for assistance from a Filipino international student the company employed as a disability care worker on a casual basis between December 2024 and June 2025.
A Fair Work Inspector issued a Compliance Notice to Agape Reablement and Support Services Pty Ltd in July 2025 after forming a belief the company had underpaid the worker’s minimum wages and penalty rates for weekend and public holiday work.
The entitlements were allegedly owed under the Social, Community, Home Care and Disability Services Industry Award 2010.
The Fair Work Ombudsman alleges Agape Reablement and Support Services Pty Ltd, without a reasonable excuse, failed to fully comply with the Compliance Notice, which required it to calculate and back-pay the worker’s entitlements.
Fair Work Ombudsman Anna Booth said the regulator would 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 and make payments to workers,” Ms Booth said.
“Employers should also be aware that improving compliance in the disability support services sector and taking action to deter breaches impacting migrant workers are priorities for the Fair Work Ombudsman.
“Any employees with concerns about their pay or entitlements should contact us for free advice and assistance.”
The FWO is seeking penalties in court for the alleged failure to comply with the Compliance Notice. The company faces a penalty of up to $495,000 if it is not a small business, or up to $99,000 if it is a small business.
The regulator is also seeking an order requiring the company to comply with the Compliance Notice, including calculating and paying any outstanding amounts to the worker, plus superannuation and interest.
A directions hearing is listed in the Federal Circuit and Family Court in Brisbane on 7 December 2026.
The FWO currently has a national Disability Support Services Sector Inquiry underway, looking into why there is non-compliance with workplace laws. We want to hear from employers, employees, contractors, clients and others involved in the sector. See our Inquiry webpage for information on how you can share your experiences.
Resources for businesses and workers in the disability support services sector are available on our 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. An interpreter service is available on 13 14 50. Employees can also seek information from their employer or their union, if they are a union member.
In 2024-25, the FWO secured total court penalties of more than $870,000 for failures to comply with Compliance Notices.
The Fair Work Ombudsman filed 171 litigations against employers involving visa holder workers, and secured $39 million in penalties in cases that have included visa holder workers, in the eight financial years to June 2025.
It is noted that the respondent company in this new FWO litigation is separate to the company Agape Reablement and Support Services NSW Pty Ltd, a respondent in separate proceedings brought by the FWO that remain before the court.
The FWO has an online anonymous report tool, including options to report in languages other than English, and information for migrant workers, including on protections for their visas, is available at our visa holders and migrants webpage.
The FWO provides a free online course to help employers understand what a Compliance Notice is and how to respond if they get one. The Compliance Notice course, among a suite of free interactive courses on offer for employers, managers and employees, is available in our online learning centre.
Employers can seek information from their employer association if they are a member, and also use the FWO’s pay calculator and Small Business Showcase.
