Sydney childcare centre penalised
The Fair Work Ombudsman has secured $11,268 in penalties in court against the operators of a childcare centre in Sydney’s south-west.
The Federal Circuit and Family Court has imposed a $9,390 penalty against Azmy Enterprises Pty Ltd, which operates Little Abbey's Academy in Hammondville, and a $1,878 penalty against the company’s sole director, Abanoub Azmy.
The penalties were imposed in response to Azmy Enterprises’ failure to comply with a Compliance Notice, which required it to calculate and back-pay a worker whom it employed as a full-time early childhood teacher between July 2017 and September 2022. Mr Azmy was involved in the contravention.
Azmy Enterprises back-paid the affected worker $23,036 owed to her, only after the Fair Work Ombudsman commenced legal action.
Acting Fair Work Ombudsman Rachel Volzke said employers that failed to act on Compliance Notices needed to be aware they could face court-imposed penalties on top of having to pay workers.
“Where employers do not comply, we will take appropriate action to protect employees. A court can order a business to pay penalties and to make payments to workers,” Ms Volzke said.
“Any employees with concerns about their pay or entitlements should contact us for free advice and assistance.”
The Fair Work Ombudsman investigated after receiving a request for assistance from the affected worker in 2022.
A Fair Work Inspector issued a Compliance Notice to Azmy Enterprises in June 2023 after forming a belief the company had underpaid the worker’s minimum wages, an educational leader allowance and annual leave entitlements.
The entitlements were owed under the Educational Services (Teachers) Award 2010 and 2020 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. An interpreter service is available on 13 14 50. Employees can also seek information from their employer or their union, if they are a union member.
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.
