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The Fair Work Ombudsman has actually protected an overall of $478,880 in charges in court versus 2 Melbourne-based business and their supervisor for conduct consisting of the organized exploitation of migrant employees, and unfavorable action.
Financing broking business Ansa Finance Pty Ltd, which is based in Toorak, has actually been punished $233,100 and the business’s supervisor Joshua Fuoco has actually been punished $72,620, by the Federal Circuit and Family Court.
In addition, another Toorak-based business Mr Fuoco is the supervisor of, AFSL Group Pty Ltd, has actually been punished $173,160.
The Court formerly purchased Ansa Finance and AFSL Group to remedy the overall $30,817 it underpaid the 4 afflicted employees, plus interest and superannuation.
It is the 3rd time the Fair Work Ombudsman has actually protected charges in court versus Ansa Finance, a broker for short-term individual loans, and Mr Fuoco. It is the very first time the Fair Work Ombudsman has actually protected charges versus AFSL Group.
The current charges likewise followed the Australian Securities and Investments Commission protected a suspended prison sentence versus Mr Fuoco in 2025 for contempt of court.
3 of the afflicted employees in the Fair Work Ombudsman’s most current legal action were visa holders from India and Nepal at the time, and the one additional staff member (an Australian person) was a college student then aged 20.
In addition to underpaying the employees, Ansa Finance and AFSL Group dedicated a series of other breaches consisting of taking negative action versus 2 of the employees by ending their work in action to them asking for payment of impressive privileges.
Fair Work Ombudsman Anna Booth stated the conduct was incredibly major.
“There is no place in Australian workplaces for exploitation of vulnerable migrant workers, and employers who do so will face legal action and significant penalties,” Ms Booth stated.
“The termination of two of the workers for requesting payment of entitlements they were lawfully owed was appalling conduct. Neither we as the national regulator nor the courts tolerate such adverse action – workers have a right to raise enquiries or complaints about their pay without negative consequences.
“Visa holder employees have the exact same office rights as all other employees, and securities exist for their visa if they look for aid.
“Employers should be aware that taking action to protect vulnerable young and migrant workers is an enduring priority for the Fair Work Ombudsman, and we have a clear track record of litigating against those flouting workplace laws.
“Any staff members with issues about their pay or privileges ought to call us free of charge suggestions and help, as the 4 employees in this case did. Staff members can likewise call their union for help if they are a member.”
The Fair Work Ombudsman began its latest investigation after receiving requests for assistance from the four affected workers; three had been employed by Ansa Finance and one by AFSL Group.
The workers were engaged in insurance, broking and customer relationship management roles for various periods in 2021 and 2022.
The companies underpaid the workers primarily as a result of failing to pay them for some or all of the work they performed.
The visa worker who was employed by AFSL Group was paid nothing for four months of work performed, despite being entitled to a total of $6,884 in wages and entitlements.
In her penalty judgment, Judge Janine Young noted that the worker employed by AFSL Group gave evidence that, after being terminated in response to requesting payment of owed entitlements, “she was jobless for 6 months, remained in “significant financial difficulty” and needed to count on her moms and dads sending out cash from India and family and friends in Australia lending her cash to make it through. [The worker]’s proof is that she discovered her experience with [AFSL Group] Distressing that she no longer works in the financing market …”
Ansa Finance and AFSL Group had engaged the workers pursuant to written contracts that provided for higher-than-award rates, but underpaid them a range of entitlements under the Banking, Finance and Insurance Award 2020 and the Fair Work Act’s National Employment Standards.
Underpaid entitlements included minimum hourly rates, and entitlements related to public holidays, annual leave and personal leave, and notice-of-termination. Safety net contractual entitlements, which relate to the minimum wage rates specified in the workers’ written contracts, were also underpaid.
The highest individual underpayment was $14,336 owed to the 20-year-old university student.
Ansa Finance and AFSL Group breached the adverse action provisions of the Fair Work Act by terminating the employment of two of the workers in response to the workers requesting payment of outstanding entitlements.
The companies also breached laws relating to frequency-of-pay and issuing pay slips, and failed to comply with Notices to Produce records or documents issued by a Fair Work Inspector.
Mr Fuoco was involved as an accessory in most of the companies’ breaches.
Judge Young found that the breaches involved deliberate exploitation of vulnerable workers.
Her Honour was particularly critical of the “regular non-compliance” of Mr Fuoco and Ansa Finance, finding their conduct “shows a neglect for the workers’ legal statutory privileges and a continual desire to prioritise their own interests at the cost of their staff members’ privileges and office rights, and a cavalier neglect for the stability of the Fair Work regulative system.”
The penalties imposed against Mr Fuoco and Ansa Finance reflected the “severe, purposeful, duplicated, organized and exploitative nature” of their contraventions, Judge Young said.
Her Honour found that the penalties should deter other employers, and Mr Fuoco specifically, from similar conduct in future.
“I accept the submission of the FWO that based upon [Mr Fuoco’s] past conduct and his continuous function in several corporations there is a genuine possibility that he might utilize personnel once again which particular deterrence is needed,” Judge Young said.
The Fair Work Ombudsman secured $99,900 in charges in court versus Ansa Finance Pty Ltd and Mr Fuoco in 2024 throughout 2 different legal actions for stopping working to take actions to backpay employees as needed by Compliance Notices.
The Fair Work Ombudsman submitted 171 lawsuits versus companies including visa holder employees, and protected $39 million in charges in cases that have actually consisted of visa holder employees, in the 8 fiscal years to June 2025.
The Fair Work Ombudsman submitted 88 lawsuits including a supposed device in the 2 years to June 2025. The FWO protected overall charges of $5,143,749 versus devices throughout the very same timeframe.
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