Fair Work Ombudsman v Photoplus Australia Pty Ltd

The Fair Work Ombudsman (FWO) brought proceedings against Photoplus Australia Pty Ltd (Photoplus) in the Federal Circuit and Family Court of Australia. The dispute concerned alleged contraventions of the *Fair Work Act 2009* (Cth) by Photoplus, specifically in relation to the underpayment of wages to an employee. The FWO sought penalties against Photoplus for these alleged breaches.

The primary legal issue before the Court was whether Photoplus had contravened the *Fair Work Act 2009* (Cth) by failing to pay an employee the minimum wages and entitlements due under the applicable modern award, the *Graphic Arts, Printing and Publishing Award 2010*. This involved determining the correct classification of the employee and the corresponding minimum wage rates and entitlements that should have been paid.

Judge Burchardt found that Photoplus had contravened the *Fair Work Act 2009* (Cth) by underpaying the employee. The Court reasoned that the employee's duties and responsibilities placed them within a higher classification under the *Graphic Arts, Printing and Publishing Award 2010* than that for which they were paid. Consequently, Photoplus had failed to meet its obligations to pay the minimum wage and other entitlements as prescribed by the award. The Court ordered Photoplus to pay penalties totalling $10,200 and to rectify the underpayments to the employee.