The Fair Work Ombudsman (FWO) has secured $14,145 in penalties in court against a weekend community Chinese language school, which operates out of a site in Braybrook, and its former volunteer chairperson.
The penalties were imposed in response to the Western Chinese Language School failing to comply with a notice that required it to calculate and make payments to four workers, in respect of their outstanding minimum entitlements, that it employed as Chinese language teachers for various periods between October 2016 and June 2021.
The Federal Circuit and Family Court has imposed a $13,320 penalty against Western Chinese Language School and an $825 penalty against Baoquan Chen, who was chairperson of the school’s board on a volunteer basis.
Mr Chen was involved in the failure to comply with the compliance notice.
The court ordered the school to take the actions required by the compliance notice, including calculating and making payments to the employees in relation to their outstanding minimum entitlements, plus superannuation and interest.
The FWO investigated after receiving requests for assistance from the four affected teachers, who were engaged on a part-time or casual basis.
A Fair Work inspector issued a compliance notice to the school in September 2022 after forming a belief the school had failed to pay Saturday and public holiday penalties and accrued but untaken annual leave entitlements at the end of one employee’s period of employment.
Fair Work Ombudsman Anna Booth said employers who failed to act on compliance notices needed to be aware they could face court-imposed penalties on top of having to back-pay workers.
“As this case demonstrates, legal action can be taken against both the employer and any individuals legally involved in the contraventions, including those who hold volunteer positions with the employer,” Ms Booth said.
“Employers must meet all their obligations to their workers and people in senior leadership positions must ensure that compliance is a high priority for those organisations.”
The entitlements were owed under the Social, Community, Home Care and Disability Services Industry Award 2010 and the Fair Work Act’s National Employment Standards.
