Fair Work Ombudsman
Citation: FWO-2024-06-24-wallace-polyfone-telecom-penalty-media-release
At a glance
- Respondent
- Polyfone Telecom Pty Ltd
- Penalty
- $6,000
- Employees affected
- 1
- Awards cited
- MA000173
What happened
Paul Desmond Wallace, the former director of Polyfone Telecom Pty Ltd, has been penalised by the Federal Circuit and Family Court. The company supplied telecommunications services to schools and businesses in south-east Queensland. An investigation began after a worker contacted the Fair Work Ombudsman seeking assistance. The worker was employed as a full-time bookkeeper from December 2014 to September 2020. A Fair Work Inspector issued a Compliance Notice in February 2021, believing the worker was owed unpaid annual leave, personal leave, and superannuation entitlements under the Telecommunications Services Award 2020 and the National Employment Standards. Polyfone Telecom went into liquidation in 2023.
What was decided
The Federal Circuit and Family Court imposed a $6,000 penalty against Paul Desmond Wallace for failing to comply with a Compliance Notice. The penalty was issued because Wallace was involved in Polyfone Telecom’s failure to back-pay entitlements to the worker. The Fair Work Ombudsman was unable to secure a penalty against the company itself due to its liquidation. Fair Work Ombudsman Anna Booth emphasised the consequences of failing to act on Compliance Notices, stating that employers face substantial penalties. The worker received partial back-payment after the Compliance Notice.
What it means for employers
Employers must act promptly and appropriately when they receive a Compliance Notice from the Fair Work Ombudsman. Failure to do so can result in significant penalties for company directors and other involved individuals, even if the company is liquidated.
What it means for employees
Employees who believe they are owed unpaid entitlements should contact the Fair Work Ombudsman for free advice and assistance. The Fair Work Ombudsman offers resources and courses to help employers understand Compliance Notices and their obligations.
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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 →