Fair Work Ombudsman v Touchpoint Media Pty Ltd

The Fair Work Ombudsman (FWO) brought proceedings against Touchpoint Media Pty Ltd (Touchpoint Media) in the Federal Circuit Court of Australia. The dispute concerned alleged contraventions of the *Fair Work Act 2009* (Cth) by Touchpoint Media, specifically in relation to the payment of wages to its employees. The FWO sought declarations and pecuniary penalties against the company for these alleged breaches.

The primary legal issue before the Court was whether Touchpoint Media had contravened section 45 of the *Fair Work Act 2009* (Cth) by failing to pay its employees the minimum wages to which they were entitled under the relevant modern award, the *Clerks – Private Sector Award 2010*. The FWO alleged that Touchpoint Media had paid its employees amounts less than those prescribed by the award for the work performed.

Judge Young found that Touchpoint Media had indeed contravened section 45 of the *Fair Work Act 2009* (Cth). The Court's reasoning was based on the evidence presented, which demonstrated that the wages paid by Touchpoint Media to its employees were below the minimum rates stipulated in the *Clerks – Private Sector Award 2010*. The Court applied the principle that employers are legally obligated to comply with the minimum wage requirements set out in applicable modern awards, and failure to do so constitutes a contravention of the *Fair Work Act 2009* (Cth).

The Court ordered Touchpoint Media to pay pecuniary penalties totalling $10,800 for the contraventions. Additionally, Touchpoint Media was ordered to rectify the underpayments to its employees, with the specific amounts to be determined and paid within a specified timeframe.