Fair Work Ombudsman v Phone Collection Pty Ltd

The Fair Work Ombudsman (FWO) brought proceedings against Phone Collection Pty Ltd (the Company) in the Federal Circuit and Family Court of Australia. The dispute concerned allegations that the Company had contravened provisions of the *Fair Work Act 2009* (Cth) by failing to pay an employee, Mr. K. Singh, his minimum entitlements, specifically his minimum wage and accrued annual leave. The FWO sought pecuniary penalties for these alleged contraventions.

The primary legal issue before the Court was whether the Company had contravened section 535(1) of the *Fair Work Act 2009* (Cth) by failing to keep accurate and complete employee records and by failing to provide Mr. Singh with a pay slip that contained the required information. A secondary issue was whether the Company had contravened section 44 of the *Fair Work Act 2009* (Cth) by failing to pay Mr. Singh his minimum wage and accrued annual leave entitlements.

Judge McNab found that the Company had indeed contravened section 535(1) of the *Fair Work Act 2009* (Cth) by failing to keep proper records and provide accurate pay slips. The Court determined that the Company's record-keeping was deficient, and the pay slips provided did not accurately reflect the hours worked or the entitlements accrued by Mr. Singh. Furthermore, the Court found that the Company had contravened section 44 of the *Fair Work Act 2009* (Cth) by failing to pay Mr. Singh his minimum wage and accrued annual leave. The Court applied the principles of statutory interpretation to the relevant sections of the *Fair Work Act 2009* (Cth), emphasizing the employer's obligation to maintain accurate records and meet minimum pay obligations.

The Court ordered Phone Collection Pty Ltd to pay pecuniary penalties totalling $10,200 for the contraventions. Additionally, the Company was ordered to rectify the underpayments to Mr. Singh, including payment of his outstanding minimum wage and accrued annual leave entitlements.