The Fair Work Ombudsman has commenced legal action for a second time against the operators of a childcare centre in western Sydney.
Facing court are The Ella Group (NSW) Pty Ltd, which operates Funtime Childcare in Greenacre NSW, and the company's sole director, Louise Ramona Yaacoubian.
The regulator commenced an investigation after receiving a request for assistance from a young worker employed as a full-time early childhood educator between April 2021 and May 2023. The worker was aged 20 to 22 years at the time.
A Fair Work Inspector issued a Compliance Notice to The Ella Group (NSW) Pty Ltd in December 2023 after forming a belief the company had underpaid the worker's minimum wages and overtime entitlements under the Children's Services Award 2010, and annual leave entitlements owed under the Award and the Fair Work Act's National Employment Standards.
The Fair Work Ombudsman alleges The Ella Group (NSW) Pty Ltd, without reasonable excuse, failed to comply with the Compliance Notice, which required it to calculate and back-pay the worker's entitlements.
A contravention of pay slip laws with respect to the Company is also alleged.
It is alleged Ms Yaacoubian was involved in the failure to comply with the Compliance Notice.
Fair Work Ombudsman Anna Booth said the regulator would continue to enforce workplace laws and take businesses to court where lawful requests and pay slip laws 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.
"Pay slips provide employees with the clarity they need about their pay, and we expect every employer to follow laws requiring them to be provided to an employee within one working day of each pay day.
"Employers also need to be aware that taking action to protect young workers, who may be vulnerable, is among our top priorities. Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free assistance."
The Fair Work Ombudsman is seeking penalties in court. For the alleged failure to comply with the Compliance Notice, The Ella Group faces a penalty of up to $46,950 and Ms Yaacoubian faces a penalty of up to $9,390. For the alleged pay slip contravention, The Ella Group faces a penalty of up to $93,900.
The regulator is also seeking a court order requiring the company to comply with the Compliance Notice including calculating and rectifying any underpayments, plus superannuation and interest.
The matter is listed for a directions hearing in the Federal Circuit and Family Court in Sydney on 26 February 2025.
This matter follows a separate legal action by the Fair Work Ombudsman against The Ella Group (NSW) Pty Ltd and Ms Yaacoubian, which is still before the courts.
