Employment law update: Fair Work Ombudsman Secures Nearly $100,000 in Penalties Against Mortgage Broking Business and Manager
The Fair Work Ombudsman has secured $99,900.00 in penalties in Federal Circuit and Family Court proceedings against Ansa Finance Pty Ltd and its manager, Joshua Fuoco1.
Ansa Finance was found to have failed to comply with Compliance Notices which required the back-payment of five employees who were employed as finance brokers for various periods between February 2020 and November 2021. The Compliance Notices also related to the failure to issue pay slips to one of the employees. The company had penalties of $83,250.00 imposed. In addition to the penalties, Ansa Finance has been ordered to comply with the Compliance Notices, including by rectifying an estimated total of $17,000.00 in underpayments (plus interest and superannuation).
Mr Fuoco was found to have been involved in the contraventions by Ansa Finance under section 550 of the Fair Work Act. He had penalties of $16,650.00 imposed against him.
In making his decision, Judge Forbes found that the failure to comply “not only exhibits a lack of contrition but … that it has been deliberate”.2 This was taken into account, along with a need for future deterrence, in determining the penalties imposed.
Footnotes
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