A mortgage broking business and its former manager are facing new legal action from the Fair Work Ombudsman over allegations of underpaying staff and adverse action.
The Fair Work Ombudsman has commenced legal action for a third time against a Melbourne mortgage broking business and its manager (after having been penalised nearly $100,000 for payment contraventions in two separate court matters last year).
Toorak-based brokerage Ansa Finance Pty Ltd and its former company manager, Joshua Fuoco (now permanently banned from credit activities), are facing charges brought by the Fair Work Ombudsman (FWO) over allegations of underpayment of staff.
The FWO has also brought legal action against another company that Fuoco manages, AFSL Group Pty Ltd.
The FWO is seeking penalties against Ansa Finance Pty Ltd, AFSL Group Pty Ltd, and Fuoco for multiple alleged breaches of workplace laws.
The companies face penalties of up to $66,600 per breach, and Fuoco faces penalties of up to $13,320 per breach.
The regulator is also seeking court orders requiring the companies to rectify the alleged underpayments in full, plus interest and superannuation.
A directions hearing is listed in the Federal Circuit and Family Court in Melbourne on 4 March 2026.
What are the charges?
The FWO is alleging that the company has underpaid some of its staff by more than $30,000.
The regulator began its latest investigation after receiving requests for assistance from three workers who had been employed by Ansa Finance and one who had been employed by AFSL Group.
The workers were engaged in insurance, broking, and customer relationship management roles for various periods in 2021–22.
It is known that two of the workers were visa holders at the time of employment, one from India and one from Nepal.
The third worker was a junior worker, aged 20 at the time.
The Fair Work Ombudsman is alleging in the Federal Circuit and Family Court that the companies underpaid the workers a combined total of $30,817, primarily as a result of failing to pay the workers for some or all of the work they performed.
It is alleged that the junior worker was paid nothing for four months of work performed, despite being entitled to a total of $13,105 in wages and entitlements.
It is alleged that 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.
Among the allegedly underpaid entitlements include: minimum hourly rates and entitlements related to public holidays, annual 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 allegedly underpaid.
The FWO is also alleging that Ansa Finance and AFSL Group also breached the adverse action provisions of the Fair Work Act by firing two of the workers after they requested payment of what they believed were outstanding entitlements.
The companies allegedly 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.
It is alleged that Fuoco was involved as an accessory in most of the breaches.
Commenting on the legal action, Fair Work Ombudsman Anna Booth said it was disappointing to have to commence legal action against an employer for a third time.
“Employers that allegedly contravene workplace laws repeatedly should expect to face legal action and risk significant penalties,” she said.
“Among other allegations, the alleged termination of two of the workers for requesting payment of their entitlements was completely unacceptable. Workers have a right to raise inquiries or complaints about their pay without negative consequences.
“Employers should also be aware that taking action to protect employees who may be vulnerable, such as young and migrant workers, is a priority for the Fair Work Ombudsman.
“Any employees with concerns about their pay or entitlements should contact us for free advice and assistance.”
Fuoco’s 12-month suspended prison sentence
This is not the first time Fuoco and his companies have been to court.
Earlier this year, Fuoco received a 12-month prison sentence (suspended for two years) and was permanently banned from being involved in financial services or credit activities, after the Federal Court found him in contempt of court.
The conviction came after the court found he had “deliberately” defied court orders that prohibited him from conducting or being involved in a financial services business for 10 years.
The matter follows the Fair Work Ombudsman securing $99,900 in penalties in court last year against Ansa Finance Pty Ltd and Fuoco for failing to take steps to back-pay workers as required by compliance notices.
In 2023, Fuoco had also been convicted and fined for managing a financial services company while disqualified.
Fuoco had also appeared in court in 2018 for having been knowingly concerned in numerous breaches of consumer protection and financial services laws at three companies he directed. The three companies were ordered to pay penalties totalling $7.8 million, and Fuoco was ordered to pay a penalty of $650,000.
[Related: Former brokerage director sentenced to 12 months’ imprisonment]
