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FWOFair Work Ombudsman · 22 March 2023

Fair Work Ombudsman

Citation: FWO-2023-03-23-pure-telecom-litigation-media-release

At a glance

Respondent
Pure Telecom Pty Ltd trading as VMCN Solutions
Penalty
$40,000
Employees affected
1
Awards cited
MA000087

What happened

The Fair Work Ombudsman has taken legal action against Pure Telecom Pty Ltd, trading as VMCN Solutions, and its sole director, the Respondent. The company, based in Willoughby, Sydney, allegedly underpaid an IT professional who worked for them from November 2014 to July 2021. A Fair Work Inspector issued a Compliance Notice in May 2022 regarding alleged underpayment of minimum wages and unpaid annual leave entitlements. the Applicant is reportedly owed more than $40,000, with some back-payment already made.

What was decided

The Fair Work Ombudsman is seeking penalties against Pure Telecom and the Respondent for failing to comply with the Compliance Notice. Pure Telecom faces a potential penalty of up to $33,300, and the Respondent faces a potential penalty of up to $6,660. The Ombudsman also seeks a court order for Pure Telecom to pay compensation for the alleged underpayments, including superannuation and interest. A directions hearing is scheduled for May 2023.

What it means for employers

Employers must comply with Compliance Notices issued by the Fair Work Ombudsman. Failure to do so can result in significant penalties and orders to back-pay entitlements, plus superannuation and interest. Businesses should ensure they are meeting their obligations regarding minimum wages and annual leave.

What it means for employees

Employees who believe they have been underpaid or are owed entitlements should contact the Fair Work Ombudsman for free assistance. The Fair Work Infoline provides advice and support regarding workplace rights and obligations.

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underpaymentgeneral-protectionspenalty-ratesannual-leavecompliance

Every statement above is drawn from the published decision. Read the original here:

https://www.fairwork.gov.au/newsroom/media-releases/2023-media-releases/march-2023/20230323-pure-telecom-litigation-media-release

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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →

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