Information and communication technology company in court
The Fair Work Ombudsman has commenced legal action against the operators of a Sydney-based company that supplies information and communication technology products and services.
Facing court are Pure Telecom Pty Ltd, trading as ‘VMCN Solutions’ in Willoughby, and the company’s sole director and secretary, Steven Joseph Woods.
The regulator investigated after receiving a request for assistance from a worker the company employed as a full-time IT professional between November 2014 and July 2021.
A Fair Work Inspector issued a Compliance Notice to Pure Telecom in May 2022 after forming a belief the company had underpaid the worker’s minimum wages, owed under the Professional Employees Award 2010 and the Professional Employees Award 2020.
The inspector also formed a belief that the worker was not paid the full amount of accrued but untaken annual leave entitlements owed at the end of his employment under the Fair Work Act’s National Employment Standards.
It is alleged the worker has been partially back-paid but is owed more than $40,000.
The Fair Work Ombudsman alleges Pure Telecom, without reasonable excuse, failed to comply with the Compliance Notice, which required it to calculate and back-pay the worker’s entitlements. It is alleged Mr Woods was involved in the contravention.
Fair Work Ombudsman Sandra Parker 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 in addition to back-paying workers.”
“Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free assistance,” Ms Parker said.
The FWO is seeking penalties in court for the alleged failure to comply with the Compliance Notice. Pure Telecom faces a penalty of up to $33,300 and Mr Woods faces a penalty of up to $6,660.
In addition, the regulator is seeking a court order for Pure Telecom to pay compensation for the amount of the alleged underpayments, plus superannuation and interest.
A directions hearing is listed in the Federal Circuit and Family Court in Sydney on 5 May 2023.
Employers and employees can visit www.fairwork.gov.au or call the Fair Work Infoline on 13 13 94 for free advice and assistance about their rights and obligations in the workplace. An interpreter service is available on 13 14 50.
Small businesses can find targeted resources at the Small Business Showcase.
