[Australia] Apollo Health back-pays staff $4.86m and signs EA

In Australia, healthcare provider Apollo Health Limited has back-paid its employees more than $4.86 million, including interest and superannuation, and signed an Enforceable Undertaking (EU) with the Fair Work Ombudsman, Fair Work Ombudsman reports.

The non-profit organisation has been owned by St John Ambulance Western Australia Limited (St John WA) since 2016. In November 2021, it self-reported to the regulator after discovering underpayments during a self-initiated review.

Apollo Health reportedly operates a range of medical centres - trading as St John Health - which provide medical, dental, urgent care, pharmacy, physiotherapy, imaging and diagnostic services across Western Australia.

The underpayments resulted from payroll issues that were not identified by St John WA when it acquired Apollo Health in 2016. In addition, there were failures to correctly apply some provisions of the relevant modern awards, and time recording was found to be inadequate or incomplete.

These issues resulted in Apollo Health underpaying 446 current and former employees about $3.8 million, excluding superannuation and interest, between July 2013 and July 2021.

Employees were underpaid their minimum rates, overtime, penalty rates, allowances, annual leave and annual leave loading owed under modern awards, the National Employment Standards and the Fair Work Act.

Apollo Health has reportedly remediated all underpayments to all the employees it could locate. More than $4.86 million - including interest and superannuation - has been back-paid to 438 current and former employees.

The majority of back payments range from $15 to $12,000; the highest was $139,446.

Before the commencement of the EU, Apollo Health paid the FWO the money owed to the remaining eight unlocated former employees.

Acting Fair Work Ombudsman Kristen Hannah stated that an EU was appropriate since Apollo Health had cooperated with the FWO’s investigation and demonstrated its strong commitment to rectifying underpayments.

“Under the Enforceable Undertaking, Apollo Health has committed to implementing stringent measures to ensure all of its workers are paid correctly. These measures include commissioning, at its own cost, an independent audit to check its compliance with workplace laws next year,” Ms Hannah said.

“This matter demonstrates how important it is for employers to place a high priority on their workplace obligations, to ensure that their systems provide for full compliance with all entitlements. Shortcomings in Apollo Health’s payroll system and broader compliance were left unchecked, which led to hard-working employees missing out on their money.”

“We expect all employers to invest the time and resources to regularly review whether they are meeting all lawful entitlements and to remedy any issues.”

The underpaid employees held full-time, part-time and casual positions. They reportedly worked in medical centres in Armidale, Cannington, Cockburn, Joondalup and Kambalda. They held health, professional and support service roles and performed healthcare, medical, dental and nursing duties.

The EU has asked Apollo Health to write to all underpaid employees to notify them of the commencement of the EU, publish a notice in a newspaper about its contraventions and establish a hotline and a dedicated email for all employees from the relevant period to make enquiries.

For free advice and further assistance, employers and employees can visit the Fair Work website or call the Fair Work Infoline on 13 13 94.

Source: Fair Work Ombudsman

(Link and quotes via original reporting)

In Australia, healthcare provider Apollo Health Limited has back-paid its employees more than $4.86 million, including interest and superannuation, and signed an Enforceable Undertaking (EU) with the Fair Work Ombudsman, Fair Work Ombudsman reports.

The non-profit organisation has been owned by St John Ambulance Western Australia Limited (St John WA) since 2016. In November 2021, it self-reported to the regulator after discovering underpayments during a self-initiated review.

Apollo Health reportedly operates a range of medical centres - trading as St John Health - which provide medical, dental, urgent care, pharmacy, physiotherapy, imaging and diagnostic services across Western Australia.

The underpayments resulted from payroll issues that were not identified by St John WA when it acquired Apollo Health in 2016. In addition, there were failures to correctly apply some provisions of the relevant modern awards, and time recording was found to be inadequate or incomplete.

These issues resulted in Apollo Health underpaying 446 current and former employees about $3.8 million, excluding superannuation and interest, between July 2013 and July 2021.

Employees were underpaid their minimum rates, overtime, penalty rates, allowances, annual leave and annual leave loading owed under modern awards, the National Employment Standards and the Fair Work Act.

Apollo Health has reportedly remediated all underpayments to all the employees it could locate. More than $4.86 million - including interest and superannuation - has been back-paid to 438 current and former employees.

The majority of back payments range from $15 to $12,000; the highest was $139,446.

Before the commencement of the EU, Apollo Health paid the FWO the money owed to the remaining eight unlocated former employees.

Acting Fair Work Ombudsman Kristen Hannah stated that an EU was appropriate since Apollo Health had cooperated with the FWO’s investigation and demonstrated its strong commitment to rectifying underpayments.

“Under the Enforceable Undertaking, Apollo Health has committed to implementing stringent measures to ensure all of its workers are paid correctly. These measures include commissioning, at its own cost, an independent audit to check its compliance with workplace laws next year,” Ms Hannah said.

“This matter demonstrates how important it is for employers to place a high priority on their workplace obligations, to ensure that their systems provide for full compliance with all entitlements. Shortcomings in Apollo Health’s payroll system and broader compliance were left unchecked, which led to hard-working employees missing out on their money.”

“We expect all employers to invest the time and resources to regularly review whether they are meeting all lawful entitlements and to remedy any issues.”

The underpaid employees held full-time, part-time and casual positions. They reportedly worked in medical centres in Armidale, Cannington, Cockburn, Joondalup and Kambalda. They held health, professional and support service roles and performed healthcare, medical, dental and nursing duties.

The EU has asked Apollo Health to write to all underpaid employees to notify them of the commencement of the EU, publish a notice in a newspaper about its contraventions and establish a hotline and a dedicated email for all employees from the relevant period to make enquiries.

For free advice and further assistance, employers and employees can visit the Fair Work website or call the Fair Work Infoline on 13 13 94.

Source: Fair Work Ombudsman

(Link and quotes via original reporting)