Former regional newspaper operator faces court
5 April 2023
This matter was finalised in March 2023, with the Federal Circuit and Family Court imposing a penalty of $5,600 on Mr Jones for failing to comply with two Compliance Notices. The court ordered that the penalty amounts be distributed by the FWO to the underpaid employees to partially rectify their underpayment.
The Fair Work Ombudsman has commenced legal action against the former operator of a regional newspaper in the Northern Rivers region of New South Wales.
Facing court is sole trader Brett John Jones, who published, sold and distributed the ‘Local Newsroom’, a weekly printed newspaper, across regional areas of the north coast of New South Wales and south-east Queensland.
The regulator investigated after receiving multiple requests for assistance from workers Mr Jones employed at the newspaper between August and October 2020.
A Fair Work Inspector issued Compliance Notices to Mr Jones in November 2020 after forming a belief that Mr Jones had underpaid 18 workers, including 15 journalists and three advertising employees, the minimum wages they were entitled to under the Journalists Published Media Award 2020 and the Commercial Sales Award 2020 respectively.
The Fair Work Ombudsman alleges Mr Jones, without reasonable excuse, failed to fully comply with the Compliance Notices, which required him to calculate and back-pay the workers’ outstanding entitlements in full.
Fair Work Ombudsman Sandra Parker said the regulator would continue to enforce workplace laws and take business operators to court when they fail to act on Compliance Notices.
“Where employers do not comply, we are prepared to take appropriate legal action. A court can order a business to pay penalties on top of having to back-pay workers,” Ms Parker said.
“Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free advice and assistance.”
The Fair Work Ombudsman is seeking penalties against Mr Jones for his alleged failure to comply with two Compliance Notices. Mr Jones faces a penalty of up to $6,660 per contravention.
A directions hearing is listed in the Federal Circuit and Family Court in Brisbane on 15 November 2022.
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. Small businesses can find targeted resources at the Small Business Showcase.
