Australian Services Union secretary comments on wage theft protest

Key points:

• Disability support workers will gather outside the NDIA office in Surry Hills on August 21, 2024 in protest of wage theft by ‘dodgy’ NDIS providers
• Approximately 231,740 providers are currently registered with the NDIS, with an estimated number of 353,000 disability workers assisting NDIS participants
• Despite wage concerns sparking protests, working in the disability industry can be a rewarding experience

Disability support workers will protest against ‘dodgy’ NDIS providers to eliminate wage theft today, August 21, 2024.

Up to 10 percent of NDIS providers may be ‘underpaying their support workers by classifying them at lower award rates,’ according to an estimate from the Australian Services Union. 

The dishonest providers may also be ‘pocketing the difference of up to nine dollars per hour from taxpayer funds allocated for NDIS participants.’

NDIS workers will gather outside the NDIA office at Centennial Place, 280-300 Elizabeth Street in Surry Hills from 1.45pm on August 21, 2024.

Disability support workers employed by NDIS providers must be paid at either level two or level three on the Social, Community, Home Care and Disability Services Industry Award. 

A casual disability worker on the 2.1 award should be paid at least $41.76 dollars per hour, compared to a disability worker on the 4.1 award who will be paid a minimum of $53.85 dollars at a casual rate.

Only new disability workers and trainees should be paid as level one. A complete breakdown of the updated 2024 SCHADS award wages is available on the Australian Services Union website. 

Australian Services Union of NSW and ACT Secretary Angus McFarland called on the NDIA to take action and ensure that NDIS funds are used by providers to pay disability support workers based on skill level.

“The NDIA is sitting on its hands when it comes to stamping out wage theft in the NDIS and misuse of NDIS participants’ funds,” he said.

“The NDIA has been putting NDIS wage theft in the too hard basket for too long. [Its] own internal report told them to act and they’ve done nothing about this since January.

“The federal government is working to pass its ‘Getting the NDIS Back on Track’ bill but we can’t get the NDIS back on track if dodgy providers are free to rip off workers and the taxpayer. We are protesting the NDIA to back our case and back action to end wage theft in the NDIS.”

The ‘Getting the NDIS Back on Track’ bill was first introduced in the House of Representatives on March 27, 2024. The second debate with all members of senate occurred on August 20, 2024.

This bill was brought to parliament for amendments to the current National Disability Insurance Scheme Act 2013, including:

• improving methods to reassess participants;
• ensuring participants only spend NDIS funding on supports related to their plans;
• incorporating new frameworks that allow flexible budgets.

However, in May 2024, NDIS Minister Bill Shorten commented that the NDIA was taking action to ensure that disability support workers would be paid fairly.

“The NDIA is working across government to ensure providers do the right thing — that includes the agency sending payment data to other agencies, including the Australian Taxation Office, to ensure that dodgy providers are detected,” he said. 

Approximately 231,740 providers are currently registered with the NDIS, with an estimated number of 353,000 disability workers assisting NDIS participants. 

Mr McFarland highlighted that by delaying penalties for providers who are not paying disability support workers at appropriate wage rates, all Australians are affected.

“The NDIA is the funder of NDIS support services and is responsible for setting price limits for the supports that providers deliver, therefore it’s incumbent on the agency to ‘follow the money’ by auditing and cracking down on the dodgy providers that are ripping off dedicated workers — to rip off NDIS workers is to rip off the taxpayer and people with disability,” he said. 

“Our union is doing everything it can to close the wage theft loophole for disability support workers in the long-term by going through a lengthy Fair Work Commission process, but the NDIA could help bring staff underpayment to a halt today if it began carrying out an auditing and compliance blitz on providers.”

Despite there being a small proportion of providers that misuse funds, working in the disability sector can be a rewarding career — you can make a real difference in people’s lives. 

The role of a disability support worker may vary based on the client’s individual needs, however, some common tasks you may be asked to help with include:

• personal care, e.g. washing, brushing of hair, dressing;
• building and maintaining independence, e.g. teaching life skills such as cooking or cleaning;
• interpersonal relationships, e.g. assisting with communication; and
• participating in the community, e.g. going out for coffee or walks together.

Emily, a disability support worker, explained the value of building positive relationships with her clients.

“It is extremely rewarding to see client development across social interactions, [and] building [their] independence, establishing boundaries and partaking in activities that bring enjoyment [to their lives],” she said.

If you are concerned about your wage as a disability support worker, visit the Australian Services Union website.

What do you think should be done about dishonest NDIS providers?

Let the team at Talking Disability know on social media. 

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