Gold Coast telecommunications director penalised
The Fair Work Ombudsman has secured a $6,000 penalty in court against the former director of a Gold Coast telecommunications company.
The Federal Circuit and Family Court has imposed the penalty against Paul Desmond Wallace, who was the sole director of Polyfone Telecom Pty Ltd, which supplied services to schools and businesses in south-east Queensland.
The penalty was imposed after the Court found Mr Wallace was involved in Polyfone Telecom’s failure to comply with a Compliance Notice requiring it to back-pay entitlements to a worker it had employed as a full-time bookkeeper between December 2014 and September 2020.
Fair Work Ombudsman Anna Booth said business operators that fail to act on Compliance Notices need to be aware they can face penalties in court.
“When Compliance Notices are not followed, we will continue to take legal action to protect employees. Employers who fail to act on these notices risk substantial penalties,” Ms Booth said.
“Any employees with concerns about their pay or entitlements should contact us for free advice and assistance.”
The FWO investigated after receiving a request for assistance from the affected worker.
A Fair Work Inspector issued a Compliance Notice to Polyfone Telecom in February 2021 after forming a belief that the worker had not been paid all entitlements owed under the Telecommunications Services Award 2020 and the National Employment Standards.
The inspector formed a belief that the worker was owed more than 600 hours of accrued but untaken annual leave entitlements on termination, as well as personal leave and superannuation entitlements.
The worker was partially back-paid after the Compliance Notice was issued.
The Fair Work Ombudsman could not obtain a penalty against Polyfone Telecom after the company went into liquidation in 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. Employees can also seek information from their employer or their union, if they are a member.
The FWO provides a free online course to help employers understand what a Compliance Notice is and how to respond if they get one. The Compliance Notice course, among a suite of free interactive courses on offer for employers, managers and employees, is available in our online learning centre.
Small businesses can find targeted resources at the Small Business Showcase.
