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HACSU has become aware that the disability & aged care service provider, Total Family Care, has stopped operating and have failed to pay employees their recent pay and entitlements.
HACSU representatives have tried contacting the senior management, however, they have failed to return multiple calls.
If you or someone you know has been affected, please follow the steps below to secure your pay and entitlements.
1. The first organisation that you will need to lodge a claim with is the Fair Entitlements Guarantee (FEG). FEG is managed by the Australian Government and will pay out the debts of organisations that go broke, however, they need an organisation to go into administration first. Unfortunately, Total Family Care hasn’t done that yet, however we recommend that you get your claim in straight away. This will encourage ASIC to deal with the situation and give you the best chance that your case will be dealt with promptly once it does go into administration. Please follow the links below, one is a guide for completing the claim and the other is the link to make the claim.
Guide to making a FEG claim: https://docs.jobs.gov.au/system/files/doc/other/how_do_i_access_feg_online_services_april_2016_1.pdf
Link to lodge FEG claim: https://extranet.employment.gov.au/feg#
2. The other organisation is the Fair Work Ombudsman (FWO). This is the organisation that is responsible for following up on unpaid wages from companies that are still trading. As total Family Care is still trading (according to ASIC), FWO may not be able to reclaim your money but may be able to prompt Total Family Care into administration. The best way to contact FWO is via calling their hotline on 13 13 94. If you speak to someone at FWO, HACSU staff can act as your representative through this process.
FWO website is: https://www.fairwork.gov.au/contact-us/call-us
2. Lastly, a HACSU representative has already made a claim with Australian Securities & Investments Commission (ASIC), ASIC will not be able to assist with reclaiming wages but they are the authority that to report business misconduct. Total Family Care may have breached their obligations under the Corporations Act, by you and your colleagues reporting them, they can be held accountable.
To make a report to ASIC: http://www.asic.gov.au/about-asic/contact-us/how-to-complain/report-misconduct-to-asic/
If you need further assistance, please don’t hesitate to contact HACSU Assist on 9340 4100.