The Fair Work Ombudsman has commenced legal action for a third time against a Melbourne mortgage broking business and its manager.
Facing court are Ansa Finance Pty Ltd, which is based in Toorak, and company manager Joshua Fuoco.
In addition, the Fair Work Ombudsman has commenced legal action, for the first time, against another Toorak-based company Mr Fuoco is the manager of, AFSL Group Pty Ltd.
It is alleged there were underpayments, totalling more than $30,000, of visa holders and a 20-year-old worker, as well as adverse action in terminating the employment of two of the workers.
Fair Work Ombudsman Anna Booth said it was disappointing to have to commence legal action against an employer for a third time.
"Employers that allegedly contravene workplace laws repeatedly should expect to face legal action and risk significant penalties," Ms Booth said.
"Among other allegations, the alleged termination of two of the workers for requesting payment of their entitlements was completely unacceptable. Workers have a right to raise enquiries or complaints about their pay without negative consequences."
"Employers should also be aware that taking action to protect employees who may be vulnerable, such as young and migrant workers, is a priority for the Fair Work Ombudsman.
"Any employees with concerns about their pay or entitlements should contact us for free advice and assistance."
The regulator began its latest investigation after receiving requests for assistance from three workers who had been employed by Ansa Finance and one who had been employed by AFSL Group.
The workers were engaged in insurance, broking and customer relationship management roles for various periods in 2021-2022.
It is known that two of the workers were visa holders at the time of employment, one from India and one from Nepal.
The third worker was a junior worker, aged 20 at the time.
The Fair Work Ombudsman is alleging in the Federal Circuit and Family Court that the companies underpaid the workers a combined total of $30,817, primarily as a result of failing to pay the workers for some or all of the work they performed.
It is alleged that the junior worker was paid nothing for four months of work performed, despite being entitled to a total of $13,105 in wages and entitlements.
It is alleged that Ansa Finance and AFSL Group had engaged the workers pursuant to written contracts that provided for higher-than-award rates, but underpaid them a range of entitlements under the Banking, Finance and Insurance Award 2020 and the Fair Work Act's National Employment Standards.
Allegedly underpaid entitlements include minimum hourly rates, and entitlements related to public holidays, annual and personal leave and notice-of-termination.
Safety net contractual entitlements, which relate to the minimum wage rates specified in the workers' written contracts, were allegedly also underpaid.
It is alleged that Ansa Finance and AFSL Group also breached the adverse action provisions of the Fair Work Act by terminating the employment of two of the workers, in response to the workers requesting payment of outstanding entitlements.
The companies allegedly also breached laws relating to frequency-of-pay and issuing pay slips, and failed to comply with Notices to Produce records or documents issued by a Fair Work Inspector.
It is alleged that Mr Fuoco was involved as an accessory in most of the breaches.
The FWO is seeking penalties against Ansa Finance Pty Ltd, AFSL Group Pty Ltd and Mr Fuoco for multiple alleged breaches of workplace laws. The companies face penalties of up to $66,600 per breach and Mr Fuoco faces penalties of up to $13,320 per breach.
The regulator is also seeking court orders requiring the companies to rectify the alleged underpayments in full, plus interest and superannuation.
A directions hearing is listed in the Federal Circuit and Family Court in Melbourne on 4 March 2026.
The matter follows the Fair Work Ombudsman securing $99,900 in penalties in court last year against Ansa Finance Pty Ltd and Mr Fuoco for failing to take steps to backpay workers as required by Compliance Notices.
It also comes after the Australian Securities and Investments Commission earlier this year secured a suspended jail sentence against Mr Fuoco for contempt of court.
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.
