31 March 2026

The Fair Work Ombudsman has secured $45,072 in penalties in court against the operators of a childcare centre in western Sydney.

The Federal Circuit and Family Court imposed a $37,560 penalty against The Ella Group (NSW) Pty Ltd, which operates Funtime Childcare in Greenacre, and a $7,512 penalty against the company’s sole director Louise Ramona Yaacoubian.

The penalties were imposed in response to The Ella Group failing to comply with a Compliance Notice, which required it to calculate and back-pay any underpayments owing to a young worker that it employed as a full-time early childhood educator between April 2021 and May 2023. The worker was aged 20 to 22 at the time.

Ms Yaacoubian was involved in the contravention.

In addition to the penalties, the Court has previously ordered The Ella Group to take the actions required by the Compliance Notice, including calculating and rectifying any underpayments, plus interest and superannuation.

It is the second time the Fair Work Ombudsman has secured penalties against The Ella Group and Ms Yaacoubian in relation to the Funtime Childcare centre in Greenacre. In separate proceedings, they were penalised $34,650 in court in September 2025.

Fair Work Ombudsman Anna Booth said employers that failed to act on Compliance Notices should be aware that they could face court-imposed penalties on top of having to comply with the Compliance Notice.

“We welcome the court’s findings that the respondents had displayed a serious and deliberate disregard for their legal obligations,” Ms Booth said.

“The consequences are now clear, and these new penalties ordered mean we have secured almost $80,000 in combined penalties against this company and Ms Yaacoubian this financial year,” Ms Booth said.

“When Compliance Notices are not followed, we will continue to take legal action to protect workers’ rights. 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 Fair Work Ombudsman investigated after receiving a request for assistance from the affected worker.

A Fair Work Inspector issued a Compliance Notice to The Ella Group in December 2023 after forming a belief the company had underpaid the worker’s minimum wages, overtime and annual leave entitlements, owed under the Children’s Services Award 2010 and the Fair Work Act’s National Employment Standards.

In his judgment, Judge Bernard McCabe said the affected worker had not been paid what she was entitled to over a significant period while employed by The Ella Group.

“She remains out of pocket. That state of affairs is particularly distressing given workers in this industry are not highly paid,” Judge McCabe said.

Judge McCabe found that The Ella Group and Ms Yaacoubian had demonstrated a serious and deliberate disregard for their legal obligations and that their conduct was “contemptuous” of the Fair Work Ombudsman.

“That sort of challenge to the authority of the regulator cannot go unanswered lest others be tempted to follow the example,” his Honour said.

Judge McCabe found that the penalties should deter The Ella Group, Ms Yaacoubian and other employers from similar conduct in future.

“Significant penalties are appropriate to send a message to other employers that they should respond to compliance notices promptly and in good faith,” Judge McCabe said.

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.

In 2024-25, the FWO secured total court penalties of more than $870,000 for failures to comply with Compliance Notices.

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.

Employers can seek information from their employer association if they are a member, and also use the FWO’s pay calculator and Small Business Showcase.

Employees can also seek information from their employer and their union, if they are a union member.

Information is available for employees and employers on our apprentices and trainees and young workers and students webpages.