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FWOFair Work Ombudsman · 7 March 2024

Fair Work Ombudsman

Citation: FWO-2024-03-08-ansa-penalty-media-release

At a glance

Respondent
Ansa Finance Pty Ltd
Penalty
$100,000
Employees affected
5
Awards cited
MA000073

What happened

Ansa Finance Pty Ltd, a Melbourne-based mortgage broking business, and its manager, Joshua Fuoco, have been penalized for failing to backpay five workers and issue pay slips. The Fair Work Ombudsman investigated after receiving requests for assistance from the workers, who were employed as finance brokers between February 2020 and November 2021. The workers were underpaid an estimated total of over $17,000 in minimum wages, leave entitlements, and payment-in-lieu-of-notice. A Fair Work Inspector issued five Compliance Notices to Ansa Finance.

What was decided

The Federal Circuit and Family Court imposed penalties totaling $83,250 against Ansa Finance and $16,650 against Joshua Fuoco. The court ordered Ansa Finance to comply with the Compliance Notices, including rectifying the underpayments with interest and superannuation. Judge Forbes found the failures were deliberate and Mr Fuoco did not take corrective action. The court emphasized the importance of complying with Compliance Notices to deter future breaches.

What it means for employers

Employers must take Compliance Notices seriously and act upon them promptly. Failure to do so can result in substantial penalties and legal action. Demonstrating remorse and taking corrective steps are important considerations for the court.

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 advice and assistance. The Fair Work Ombudsman is there to protect employee rights.

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/2024-media-releases/march-2024/20240308-ansa-penalty-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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