17 February 2022

The Fair Work Ombudsman has commenced legal action against a Melbourne mortgage broking business and its manager.

Facing court is Ansa Finance Pty Ltd, which is based in Toorak, and company manager Joshua Fuoco.

The regulator began an investigation after receiving requests for assistance from former employees.

A Fair Work Inspector issued Compliance Notices to Ansa Finance last year, after forming a belief that four workers had been underpaid entitlements when they were employed as finance brokers at the company for various periods between February 2020 and April 2021.

The inspector formed a belief the workers had been underpaid minimum wages, annual leave entitlements and payment-in-lieu-of-notice under the Banking, Finance and Insurance Industry Award 2020 and the National Employment Standards.

The FWO alleges Ansa Finance, without reasonable excuse, failed to comply with the Compliance Notices, which required it to calculate and back-pay the workers’ entitlements. It is alleged Mr Fuoco was involved in the contraventions.

Fair Work Ombudsman Sandra Parker said the regulator would continue to enforce workplace laws and take businesses 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 Pty Ltd and Mr Fuoco for allegedly failing to comply with four Compliance Notices.

The maximum penalty for a company for failing to comply with a Compliance Notice is $33,300 per contravention and the maximum penalty for an individual is $6,660 per contravention.

The regulator is also seeking an order for Ansa Finance to comply with the Compliance Notices, which includes rectifying any underpayments in full, plus interest and superannuation.

A hearing is listed in the Federal Circuit and Family Court in Melbourne on 1 September 2022.

Employers and employees can visit www.fairwork.gov.au or call the Fair Work Infoline on 13 13 94 for free advice and assistance. An interpreter service is available on 13 14 50. Small businesses can find targeted resources at the Small Business Showcase.