The Fair Work Ombudsman has commenced legal action for a second time against a Melbourne mortgage broking business and its manager.
Facing court are Ansa Finance Pty Ltd, which is based in Toorak, and company manager Joshua Fuoco.
The regulator began its latest investigation after receiving a request for assistance from a worker who had been employed by Ansa Finance as a full-time finance broker assistant between July and November 2021.
A Fair Work inspector issued a Compliance Notice to Ansa Finance in February 2022 after forming a belief the worker had been underpaid minimum wages, personal leave entitlements and accrued but untaken annual leave entitlements at the end of her employment, under the Banking, Finance and Insurance Award 2020 and the Fair Work Act’s ³Ô¹ÏÍøÕ¾ Employment Standards.
The FWO alleges Ansa Finance, without reasonable excuse, failed to comply with the Compliance Notice, which required it to calculate and back-pay the worker’s entitlements. It is alleged Mr Fuoco was involved in the contravention.
Fair Work Ombudsman Sandra Parker said the regulator would continue to take business operators 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 in addition to back-paying workers.”
“Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free assistance,” Ms Parker said.
The FWO is seeking penalties against Ansa Finance and Mr Fuoco for the alleged Compliance Notice contravention. The company faces a penalty of up to $33,300 and Mr Fuoco faces a penalty of up $6,660.
The regulator is also seeking an order for the company to comply with the Compliance Notice, including rectifying the alleged outstanding underpayment, plus interest and superannuation.
A directions hearing is listed in the Federal Circuit and Family Court in Melbourne on 29 September 2022.
The matter follows the Fair Work Ombudsman commencing a against Ansa Finance and Mr Fuoco in October 2021. That matter remains before the Court.
