A weekend community Chinese language school in Melbourne’s west and its former volunteer chairperson have been penalised a total of $14,145 for failing to comply with a Fair Work Compliance Notice, with the school now appealing the case to the Federal Court.
On 5 August, the Federal Circuit and Family Court ordered Western Chinese Language School Incorporated, which operates out of a site in Braybrook, to pay a $13,320 penalty and imposed an $825 penalty on Baoquan Chen, who chaired the school’s board on a volunteer basis. The Court found the Social, Community, Home Care and Disability Services Industry Award 2010 applied to the school and its teachers, and ordered the school to take the actions required by the Compliance Notice, including calculating and making payments to four employees for outstanding minimum entitlements, plus superannuation and interest. The four teachers were employed for various periods between October 2016 and June 2021. Mr Chen was involved in the failure to comply with the Compliance Notice.
The Fair Work Ombudsman investigated after receiving requests for assistance from the 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 employment. These entitlements were owed under the Social, Community, Home Care and Disability Services Industry Award 2010 and the National Employment Standards.
Fair Work Ombudsman Anna Booth said: “When Compliance Notices are not followed, we are prepared to take legal action to ensure workers receive their lawful entitlements.”
“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.”
On 20 August 2025, Western Chinese Language School Incorporated filed an appeal in relation to an interlocutory decision and the liability and penalty decisions. The appeal will be heard by the Federal Court.
