Underpaid workers fume at boss’ $11.9k outfit

Ex-workers have lashed out over their employer’s lives of luxury after claiming they were underpaid and overworked.

Former employees were paid under incorrect awards and penalty rates and were not given overtime pay despite some workers clocking fortnights exceeding 190 hours.

This all happened as co-founder Adelle Fonofale Levi flooded her Instagram in designer outfits and overseas holidays.

In one snap, Ms Fonofale Levi was pictured wearing a Balenciaga outfit, which retails at about $11,000.

Other images show her with her co-founder Poutasi Brown sitting courtside at a Lakers game in America.

The disability services provider was co-founded by Mr Brown and Ms Fonofale Levi under the name Care Group NSW in 2019.

In 2022, they renamed the business to Care Group Community Services and currently operate across NSW, Queensland, Victoria and the ACT.

Ex-employee Jeco Makatoa began as a disability support worker with Care Group NSW in August 2020, before becoming a team leader in August 2021. He left just over a year later in October 2022.

He said while he was underpaid and working long hours, he often saw his boss’ lavish lifestyles on social media.

“They’re sitting courtside at Lakers games in LA, while we’re doing these double shifts,” Mr Makatoa said.

“It was stressful and then you look up on Instagram and they’re in Fiji poolside sipping on pina coladas or in America.

“We all see this on Instagram and all of us are busting our arses off, working for this company.”

In another recent photo posted in November 2022, Ms Fonofale Levi shared a photo of herself

in a head-to-toe outfit from luxury brand Balenciaga, which can retail at about $11,930. The designer bag can retail for $3350 alone.

Pay slips seen by this publication show Mr Makatoa was not given the correct penalty loading, or paid overtime rates, despite regularly working more than 130 hours a fortnight, with some totalling more than 190 hours.

In a single day, he worked from 6am to 2pm, and then 6pm to 2am, amounting to 16-hour workdays.

Under directions from the Fair Work Ombudsman (FWO), casual employees should get overtime rates if they work more than 10 hours a day, or 76 hours a fortnight.

Mr Makatoa also believes he was performing work at a higher level than the award classification acknowledged by Care Group NSW, which meant he was given a significantly lower rate of pay.

He said he sometimes felt like he had no option but to work the long hours, often sleep-deprived.

“It’s either I did it because no one else was willing to put their hand ups. There was no other staff. They kept telling us they were putting staff on and they never did.

“I think the biggest part for me is the two years I missed out spending with my daughter. That really plays a lot on my mind.”

NED-9542 Underpaid workers fume at boss’ $11.9k outfit

Wollongong man, Jamal Banfield also worked as a disability support worker at Care Group NSW between April 2021 to December 2022.

Like Mr Makatoa, Mr Banfield says he was also not paid overtime, or given the correct penalty rates for evenings, and weekends.

Mr Banfield approached the Australian Services Union (ASU) after his concerns of alleged underpayment were ignored.

Despite correspondence with management at Care Group NSW, the ASU and Mr Banfield, his pay was not adjusted.

“Even though I presented pay slips, time sheets, and everything to show that I had accrued 40 plus hours in a week, and they didn’t even acknowledge it or anything. They just didn’t care,” he said.

“They were so dismissive about the whole process. It was quite mind boggling to be honest.”

Another former employee, who asked not to be identified as he still works in the industry, said he regularly worked 72-hour work weeks, sometimes more, with the occasional shift that ballooned out to 36 hours.

He was employed by Care Group NSW for about 22 months between 2021 to 2022 on a casual contract.

“Unfortunately, a lot of us were new to the industry so we had no idea.”

Eventually his shifts were cut down just two to three a week, before he stopped getting work altogether, plunging the father-of-one into financial hardship.

“It was really bad. I had gotten a personal loan for something else but I got the money as soon as my hours were cut and I found myself living off that,” he said.

Fair Work Ombudsman investigation active

A FWO spokeswoman confirmed the watchdog was “conducting an investigation in relation to Care Group NSW following a referral from the ASU”.

“As this matter is ongoing, it is not appropriate to comment further at this time. Workers with concerns about their pay or entitlements are encouraged to contact us directly,” she said.

“The FWO welcomes intelligence and information relating to noncompliance in the disability sector from all stakeholders, workers, participants and the public to assist its investigations into employers and providers of concern.”

A spokesperson for the National Disability Insurance Agency (NDIA) also confirmed they have referred the reports to the FWO.

“We understand an active investigation by the FWO is under way,” they said.

However, when NCA NewsWire approached Care Group NSW for comment, including Ms Fonofale Levi and Mr Brown directly, a legal representative for the NDIS provider refused to comment on the allegations.

They also said the business was not the subject to any FWO investigations.

Speaking generally, ASU Secretary Angus McFarland said there was increasing concern around NDIS providers.

The ASU said they are currently investigating more than 30 other NDIS providers which they believe are allegedly underpaying workers to varying degrees.

“People are coming to make a profit from both the NDIS participant and the workers,” he said.

Mr McFarland is calling for more systematic change, with patterns of wage fraud “becoming more widespread”.

He said processes like random audits could have a swift impact on compliance with minimum wage awards.

“It shouldn’t just be up to very brave casual workers to put their jobs on the line and come forward,” he said.

“There’s been examples where members at different providers have not been paid properly but members have no wanted us to raise concern because they are casual.

“They have said to us: ‘We would rather leave and find other jobs of a time of our own choosing.’”

NDIS Minister Bill Shorten said wage theft by NDIS providers was “morally bankrupt”.

“Unscrupulous NDIS providers that dishonestly pocket the wages of disability carers aren’t just ripping off workers, they’re also short-changing NDIS participants and cheating the Australian taxpayer,” he said.

“This is wrong, unacceptable and unforgivable, plain and simple.”

It’s understood the upcoming review in to the NDIS will look into workplace issues, with 128,000 workers expected to enter the sector over the next three years to June 2025.

“The National Disability Insurance Agency will work with the Fair Work Commission, law enforcement, investigative and integrity agencies across the government, and with workers and their unions, to track down dodgy providers and drive them out of business,” he said.

“If you are ripping off workers and defrauding the NDIS – it will end in tears, yours. Just pay carers what they are owed, it’s not that hard.”