Secretary, Department of Education v The Australian Education Union New South Wales Teachers Federation (NSWTF) Branch (No 2) [2022] NSWSC 1365

Supreme Court New South Wales

Medium Neutral Citation: Secretary, Department of Education v The Australian Education Union New South Wales Teachers Federation (NSWTF) Branch (No 2) [2022] NSWSC 1365 Hearing dates: 5 October 2022 Decision date: 13 October 2022 Jurisdiction: Common Law Before: Adamson J Decision: Pursuant to s 139(3)(e) of the Industrial Relations Act 1996 (NSW), impose a fine on the defendant of $60,000. Catchwords: EMPLOYMENT AND INDUSTRIAL LAW — Industrial disputes — Dispute orders — Penalty — factors to be considered when imposing penalty — application of Australian Building and Construction Commissioner v Pattinson [2022] HCA 13 EMPLOYMENT AND INDUSTRIAL LAW — Industrial disputes — Dispute orders — Penalty — calculation of maximum penalty — course of conduct Legislation Cited: Crown Employees (Teachers in Schools and Related Employees) Salaries and Conditions Award Fair Work Act 2009 (Cth) Industrial Relations (Public Sector Conditions of Employment) Regulation 2014 (NSW) Industrial Relations Act 1996 (NSW), ss 6, 10, 12, 130, 133, 135, 136, 137, 138, 139 Cases Cited: Australian Building and Construction Commissioner v Pattinson [2022] HCA 13; (2022) 96 ALJR 426 Camilleri's Stock Feeds Pty Ltd v Environment Protection Authority (1993) 32 NSWLR 683 Commonwealth of Australia v Director, Fair Work Building Industry Inspectorate (2015) 258 CLR 482; [2015] HCA 46 Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25 Mondelez Australia Pty Ltd v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (2020) 271 CLR 495; [2020] HCA 29 Munda v Western Australia (2013) 249 CLR 600; [2013] HCA 38 Pattinson v Australian Building and Construction Commissioner (2020) 282 FCR 580; [2020] FCAFC 177 Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales v Industrial Relations Secretary (2018) 96 NSWLR 762; [2018] NSWCA 39 Rich v Australian Securities and Investments Commission (2004) 220 CLR 129; [2004] HCA 42 Secretary of the Ministry of Health v The New South Wales Nurses and Midwives' Association [2022] NSWSC 1178 Secretary, NSW Department of Education v The Australian Education Union NSW Teachers Federation (NSWTF) Branch [2022] NSWSC 263 Trade Practices Commission v CSR Ltd [1991] ATPR 41-076 Veen v The Queen (No 2) (1988) 164 CLR 465; [1988] HCA 14 Category: Procedural rulings Parties: Secretary, Department of Education (Prosecutor) The Australian Education Union New South Wales Teachers Federation (NSWTF) Branch (Defendant) Representation: Counsel: I Taylor SC / O Fagir (Prosecutor) S Crawshaw SC / P Boncardo (Defendant)