Chinese language school penalised
The Fair Work Ombudsman has secured $14,145 in penalties in court against a weekend community Chinese language school in Melbourne and its former volunteer chairperson.
The Federal Circuit and Family Court has imposed a $13,320 penalty against Western Chinese Language School Incorporated, which operates out of a site in Braybrook, and an $825 penalty against Baoquan Chen, who was chairperson of the school’s board on a volunteer basis.
The penalties were imposed in response to the Western Chinese Language School failing to comply with a Compliance 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.
Mr Chen was involved in the failure to comply with the Compliance Notice.
The Court found the Social, Community, Home Care and Disability Services Industry Award 2010 applied to the Western Chinese Language School and its teachers, and 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.
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.
“When Compliance Notices are not followed, we are prepared to take legal action to ensure workers receive their lawful entitlements,” Ms Booth said.
“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.
“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.
“Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free assistance.”
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.
These entitlements were owed under the Social, Community, Home Care and Disability Services Industry Award 2010 and the Fair Work Act’s National Employment Standards.
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. A free interpreter service is available on 13 14 50. Employees can also seek information from their employer or their union, if they are a member.
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.
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