Sydney childcare centre in court
The Fair Work Ombudsman has commenced legal action against the operators of a childcare centre in western Sydney.
Facing court is The Ella Group (NSW) Pty Ltd, which operates Funtime Childcare in Greenacre, and the company’s sole director Louise Ramona Yaacoubian.
The regulator investigated after receiving a request for assistance from a young worker The Ella Group employed as an early childhood educator on a casual basis between November 2019 and April 2022. The worker was aged between 19 and 22 at the time.
A Fair Work Inspector issued a Compliance Notice to The Ella Group in February 2023 after forming a belief the worker had been underpaid casual minimum wages owed under the Children's Services Award 2010.
The Fair Work Ombudsman alleges The Ella Group, without reasonable excuse, failed to comply with the Compliance Notice, which required it to calculate and back-pay the worker’s entitlements. It is alleged Ms Yaacoubian was involved in the contravention.
Fair Work Ombudsman Anna Booth 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, and to take steps to comply with a Compliance Notice including calculating and back-paying entitlements,” Ms Booth said.
“Employers also need to be aware that taking action to protect young workers is among our top priorities. Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free assistance.”
The FWO is seeking penalties in court. For the alleged failure to comply with the Compliance Notice, The Ella Group faces a penalty of up to $41,250 and Ms Yaacoubian faces a penalty of up to $8,250.
The regulator is also seeking a court order requiring The Ella Group to comply with the Compliance Notice including calculating and rectifying any underpayments, plus interest and superannuation.
A hearing is listed in the Federal Circuit and Family Court in Sydney on 5 September 2024.
Employers and employees can visit www.fairwork.gov.au or call the Fair Work Infoline on 13 13 94 for free advice and assistance about their rights and obligations in the workplace. An interpreter service is available on 13 14 50.
The FWO provides a free online course to help employers understand what a Compliance Notice is and how to respond if they get one. The Compliance Notice course, among a suite of free interactive courses on offer for employers, managers and employees, is available in our online learning centre.
Small businesses can find targeted resources at the Small Business Showcase and information is available for employees and employers at our young workers and students webpage.
