NBN subcontractor fined for not paying labourer

A NBN subcontractor has been penalised for not paying a labourer any wages, ignoring his pleas he could not feed his family.

An NBN subcontractor has been fined for not paying a labourer any wages. Picture: Supplied

A National Broadband Network subcontractor has been penalised $41,040 for not paying a labourer any wages, snubbing Fair Work notices and ignoring the worker's pleas he could not feed his family.

Bradley Wells also refused to backpay wages owed to the former employee, Amaroa Tawera, but went to the Fair Work Ombudsman to complain his own son had been underpaid by another boss.

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The Federal Circuit Court found Mr Wells promised to pay $23 an hour to Mr Tawera, who was 18 at the time, but did not pay him anything for his four weeks work – “nothing at all.”

Mr Wells’ then company, Attain Solutions, provided civil works and underground services under contract to entities contracting to the NBN Co Ltd for work on the National Broadband Network.

Attain Solutions was wound up last year after an application by the Australian Taxation Office. The FWO served notices on Mr Wells personally but he did not respond.

Judge Michael Jarrett found the failure to pay Mr Tawera was deliberate and Mr Wells knew he was not being paid when other workers at Attain Solutions were being paid.

Mr Wells had also received compliance notices and letters of caution from the FWO in 2016 for allegedly underpaying other workers.

In December 2016 Mr Wells made two telephone calls to the FWO “Info-Line” seeking advice around a potential underpayment of wages for his 14-year-old son.

Judge Jarrett found Mr Wells failed to ensure Attain Solutions paid Mr Tawera despite the fact it was invoicing and receiving payments from one of its clients throughout May and July, 2017.

“Significantly, Mr Wells, on behalf of Attain Solutions, warranted in the contracts it executed with its clients that it would comply with its obligations under Commonwealth workplace relations laws and any applicable industrial instruments,” he said. “The company and Mr Wells plainly failed to do that.”

He said the $3945 underpayment was significant given it related to only a four week period, involved the complete non-payment to Mr Tawera for his entire employment period and remained outstanding.

Mr Tawera’s text messages to Mr Wells demonstrated the impact of Mr Wells’ conduct upon him.

“Just like you I’ve got a family to feed and just like you I have bills to pay, even if you were to tell me why I’m not getting paid so I know why instead of not saying a word,” Mr Tawera wrote.

“I would like a reason as to why I’m not getting paid but others are, I would like something from you. I would appreciate it so I can tell my misses why our bills aren’t getting paid and why we don’t have food. I’m starting to get pissed off because I’ve only had one reply back from you and that was it.”

There has been no expression of contrition by Mr Wells and despite court orders in August requiring him to rectify the underpayment to Mr Tawera, it remained outstanding. Further, Mr Wells has at no point engaged with the proceedings before this Court. He has been entirely uncooperative.

Judge Jarrett said it was important to send a message that contraventions of the Act were serious and not acceptable.

“Mr Wells remains the director of another company operating in the civil construction industry, namely Attain Infrastructure Pty Ltd,” he said.

“He continues to be concerned with employing others to perform similar work to that performed by Mr Tawera. The need for specific deterrence is heightened given that Mr Wells failed take the previous opportunities offered by the applicant to voluntarily comply with the law, even after being issued with letters of caution.”