Director-General, Department of Education and Training v New South Wales Teachers' Federation [2000] NSWIRComm 103

Industrial Relations Commission of New South Wales in Court Session

CITATION : Director-General, Department of Education and Training v New South Wales Teachers' Federation [2000] NSWIRComm 103 APPLICANT Director-General, Department of Education and Training PARTIES : RESPONDENT New South Wales Teachers' Federation FILE NUMBER: IRC785 of 2000 CORAM: Marks J CATCHWORDS : Dismissal of proceedings LEGISLATION CITED : Industrial Relations Act 1996 s 139 HEARING DATES: 06/14/2000 DATE OF JUDGMENT: 06/20/2000

APPLICANT Mr P Menzies QC and Mr S B Benson of Counsel SOLICITORS Crown Solicitor

LEGAL REPRESENTATIVES: RESPONDENT Mr S Crawshaw SC SOLICITORS McMahon Associates

LABOR COUNCIL OF NEW SOUTH WALES - INTERVENING: Mr Lennon

JUDGMENT:

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES IN COURT SESSION

CORAM: MARKS J 20 June 2000 Matter No IRC2000/785 DIRECTOR GENERAL, DEPARTMENT OF EDUCATION AND TRAINING v NEW SOUTH WALES TEACHERS' FEDERATION Application pursuant to s139 of the Industrial Relations Act 1996

JUDGMENT RE PENALTY

1 These proceedings arose out of an application brought by the Director General of the Department of Education and Training under s 139 of the Industrial Relations Act 1996 ("the Act"). That application sought the imposition of a monetary penalty against the respondent the New South Wales Teachers' Federation arising out of an alleged contravention of dispute orders made by Deputy President Sams of the Industrial Relations Commission of New South Wales on 28 February 2000. In a judgment published on 13 March 2000 I found that the respondent had contravened the dispute orders and the proceedings were stood over inter alia to allow consideration to be given to the imposition of any penalty sought by the applicant, the maximum amount which can be fixed under the Act being arguably $10,000. 2 The respondent, the New South Wales Teachers' Federation instituted an appeal from my judgment which has not yet been determined. 3 The matter was further mentioned on 6 April and 30 May 2000 in connection with a hearing for the assessment of penalty. On 14 June 2000 Mr Crawshaw SC who appeared for the respondent asked that the proceedings be dismissed under s 139(3)(a) of the Act which empowers this