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Regional publisher slammed by judge in Fair Work ruling

Touchpoint Media, a company that operated news websites covering regional Queensland, and its director Laurence Ward have been penalised a total of $264,924 for underpaying staff following  a prosecution by the Fair Work Ombudsman.

In a scathing decision, Judge Young of the Federal Circuit Court found Touchpoint had failed to pay minimum wages, not paid on time, failed to meet superannuation obligations, ignored annual leave entitlements and had not kept proper records.

The case was launched in August last year with the Fair Work Ombudsman claiming Touchpoint underpaid 23 young journalists to the tune of $305,780 between January 2015 and June 2016.

Mumbrella has previously reported how publishers have largely escaped prosecution for underpayment of young staff and interns as media workers have been reluctant to come forward with complaints against employers.

In the ruling, the court ordered Touchpoint Media and Ward to back-pay 23 staff a total $305,780 for underpayments between January 2015 and June 2016. Touchpoint was also fined $$220,320 and Ward $44,064 for a total of ten breaches of The Fair Work act.

Judge Young said in his ruling: “Some of these employees were vulnerable and eager to obtain a job so as to enter the industry or the profession of journalism”.

“There is some evidence that Touchpoint especially sought out such employees.”

This is the third major successful case against media companies by the Fair Work Ombudsman . In January 2015, sports broadcaster and publisher Crocmedia was fined $24,000 and lambasted by a judge for exploiting two interns who had worked for 14 and six months following accusations of exploitation.

In June 2016, Sydney-based AIMG BQ Pty Ltd was fined $270,000 for underpaying staff at its Chinese-language websites and publications aimed at Australia’s Chinese community, including the Oriental BQ Weekly.

Founded in 2012 by Ward and communications consultant Mark Miller to ‘localise’ the internet, Touchpoint entered into joint ventures with regional councils and the Queensland state government to provide local news coverage and business directories in regional areas.

The company’s news websites covered the Whitsundays, Charleville, Goondiwindi, Longreach, Maranoa, Redland and Charters Towers.

It is unclear whether the sites are still being maintained by Touchpoint. Mumbrella found the contact numbers on the archived websites were disconnected when they tried to call Ward, Touchpoint and its associated business, Our Town Plus More.

Fair Work Ombudsman Sandra Parker said the penalties send a strong message that deliberately underpaying young workers is serious conduct that will not be tolerated.

“Requests for assistance from young workers are a high priority for the Fair Work Ombudsman. Younger people can be particularly vulnerable in the workplace if they are less aware of their rights or reluctant to complain,” Parker said.

“Any employer tempted to underpay young workers for their own benefit should think again because we will do everything within our power to ensure such conduct is met with significant consequences.”

“We encourage any young workers with concerns about their pay and entitlements to contact the Fair Work Ombudsman.”

In addition to the penalties and back-pay order, Judge Young ordered the company to commission an external audit of its compliance and report the results to the Fair Work Ombudsman.

Mumbrella has contacted Ward and Touchpoint Media for comment.

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