The Fair Work Ombudsman has commenced legal action against a Queensland-based disability support services company and its director.
Facing court is Agape Reablement and Support Services NSW Pty Ltd, which operates primarily in south-east Queensland, and its sole director Rowell Ian Mammah Llorente.
The regulator investigated after receiving requests for assistance from two workers the company had employed.
A Fair Work Inspector issued a Compliance Notice to Agape Reablement and Support Services NSW Pty Ltd in October 2024 after forming a belief the company underpaid two workers it employed as disability support workers between November 2023 and May 2024.
One worker was engaged on a casual basis and the other full-time.
The inspector formed a belief that the company had underpaid the full-time worker’s annual leave entitlements under the Fair Work Act’s National Employment Standards, and had underpaid the casual worker’s minimum hourly rate (inclusive of casual loading) and travelling, transport and fares rate under the Social, Community, Home Care and Disability Services Industry Award 2010.
The Fair Work Ombudsman alleges Agape Reablement and Support Services NSW Pty Ltd, without a reasonable excuse, failed to fully comply with the Compliance Notice, which required it to calculate and back-pay the workers’ entitlements.
It is alleged the total amount the company was required to pay to comply with the Compliance Notice was $7,789.42, including $4,936.85 for the casual worker and $2,852.57 for the full-time worker.
It is alleged Mr Llorente was involved in the contravention.
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 taking action to improve compliance in the disability support services sector is a priority 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. Penalties of up to $99,000 apply for small businesses and up to $495,000 for other businesses, and Mr Llorente faces a penalty of up to $19,800.
The regulator is also seeking an order requiring the company comply with the Compliance Notice, including paying the alleged outstanding amounts to the workers, plus superannuation and interest.
A directions hearing is listed in the Federal Circuit and Family Court in Brisbane on 15 May 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.
