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FWOFair Work Ombudsman · 30 August 2022

Fair Work Ombudsman

Citation: FWO-2022-08-31-ansa-finance-second-litigation-media-release

At a glance

Penalty
$33,300
Employees affected
1
Awards cited
MA000073

What happened

The Fair Work Ombudsman has commenced legal action against Ansa Finance Pty Ltd, a mortgage broking business in Toorak, and its manager, Joshua Fuoco. A worker, employed as a finance broker assistant from July to November 2021, contacted the Fair Work Ombudsman seeking assistance. An inspection found the worker was allegedly underpaid minimum wages, personal leave, and accrued annual leave entitlements under the Banking, Finance and Insurance Award 2020 and the National Employment Standards. Ansa Finance failed to comply with a Compliance Notice requiring back-payment of entitlements. This is the second legal action against the company and manager, with a previous case still before the court.

What was decided

The Fair Work Ombudsman is seeking penalties against Ansa Finance and Joshua Fuoco for failing to comply with a Compliance Notice. Ansa Finance faces a potential penalty of up to $33,300, and Mr Fuoco faces a potential penalty of up to $6,660. The court is also expected to order the company to rectify the alleged underpayment, including interest and superannuation. A directions hearing is scheduled for September 29, 2022.

What it means for employers

Employers must comply with Compliance Notices issued by the Fair Work Ombudsman. Failure to do so can result in significant penalties. Businesses should ensure they are meeting their obligations regarding minimum wages, leave entitlements, and award conditions.

What it means for employees

Employees who believe they have been underpaid or are experiencing issues with their entitlements should contact the Fair Work Ombudsman for free assistance. Interpreter services are available.

underpaymentpenalty-ratesgeneral-protectionsmodern-award-variationcompliance

Every statement above is drawn from the published decision. Read the original here:

https://www.fairwork.gov.au/newsroom/media-releases/2022-media-releases/august-2022/20220831-ansa-finance-second-litigation-media-release

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This summary was drafted by AI from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →

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