The Fair Work Ombudsman has commenced legal action against the former operators of a childcare centre in Sydney.
Facing court is Sunshine Education Group Pty. Ltd., which operated ‘Sunshine Early Learning Centres’ at Five Dock, before the centre closed in 2025.
Also facing court is Zhigang Wang (also known as James Wang), who was a manager of the childcare centre and also worked as a chef in the centre’s kitchen.
The regulator investigated after receiving requests for assistance from two workers Sunshine Education Group Pty. Ltd. employed as part-time kitchenhands during separate periods between October 2024 and February 2025.
A Fair Work Inspector issued a Compliance Notice to the company in October 2025 after forming a belief it had underpaid the two workers’ entitlements owed under the Children’s Services Award 2010 and the Fair Work Act’s National Employment Standards.
The inspector formed a belief that the company failed to pay the workers any wages for the final two-to-four weeks of work they performed and failed to pay their accrued but untaken annual leave entitlements at the end of their employment.
The Fair Work Ombudsman alleges Sunshine Education Group Pty. Ltd., without reasonable excuse, failed to comply with the Compliance Notice, which required it to calculate and back-pay the workers’ entitlements.
It is alleged the total amount the company was required to pay the workers to comply with the Compliance Notice was approximately $3,100.
The Fair Work Ombudsman alleges Mr Wang was involved in the failure to comply with the Compliance Notice.
Fair Work Ombudsman Anna Booth said the regulator would continue to enforce workplace laws and take businesses to court where lawful requests are not complied with.
“Where employers do not comply, we will take appropriate action to protect employees. A court can order a business to pay penalties, and to take steps to comply with a Compliance Notice including calculating and back-paying entitlements,” Ms Booth said.
“Individuals, including but not limited to managers, should take note that we can pursue penalties against them for their alleged involvement in breaches.
“Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free assistance.”
The Fair Work Ombudsman is seeking penalties in court for the alleged failure to comply with the Compliance Notice. The company faces penalties of up to $99,000 and Mr Wang faces a penalty of up to $19,800.
The regulator is also seeking orders requiring the company to comply with the Compliance Notice, including calculating and rectifying any outstanding entitlements, plus superannuation and interest.
A directions hearing is listed in the Federal Circuit and Family Court in Sydney on 21 August 2026.
In 2024-25, the FWO secured total court penalties of more than $870,000 for failures to comply with Compliance Notices.
