Fair Work Ombudsman
At a glance
- Western Chinese Language School Inc
- $14,145
- 4
- MA000113
What happened
Western Chinese Language School Incorporated, located in Braybrook, Melbourne, and its former volunteer chairperson, Baoquan Chen, have been penalized by the Federal Circuit and Family Court. The Fair Work Ombudsman investigated after receiving requests for assistance from four Chinese language teachers engaged between October 2016 and June 2021. The school failed to comply with a Compliance Notice regarding outstanding minimum entitlements, superannuation, and interest for the teachers. the Applicant was involved in this failure. The school operated under the Social, Community, Home Care and Disability Services Industry Award 2010.
What was decided
The Federal Circuit and Family Court imposed a $13,320 penalty on Western Chinese Language School Incorporated and an $825 penalty on Baoquan Chen. The penalties were for failing to comply with a Compliance Notice requiring the calculation and payment of outstanding minimum entitlements, superannuation, and interest to four teachers. The court found the Social, Community, Home Care and Disability Services Industry Award 2010 applied. The Fair Work Ombudsman emphasized the consequences of ignoring Compliance Notices, stating legal action can be taken against both the employer and involved individuals, even those in volunteer roles. The school initially appealed the decision, but the Full Bench dismissed this appeal.
What it means for employers
Employers must comply with Compliance Notices issued by the Fair Work Ombudsman. Failing to do so can result in significant penalties for the company and individuals involved in leadership positions, even those in volunteer roles. Prioritizing compliance and ensuring all employee entitlements are met is crucial.
What it means for employees
Employees who believe they are not receiving their correct pay or entitlements should contact the Fair Work Ombudsman for free assistance. The Fair Work Ombudsman offers free advice and resources to help employees understand their rights and obligations.
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