Transport Workers' Union of New South Wales v Contract Courier Services Pty Ltd [2007] NSWIRComm 152

Industrial Court of New South Wales

CITATION: Transport Workers' Union of New South Wales v Contract Courier Services Pty Ltd [2007] NSWIRComm 152

PROSECUTOR Transport Workers' Union of New South Wales PARTIES: DEFENDANT Contract Courier Services Pty Ltd

FILE NUMBER(S): IRC 3328; IRC3329 of 2006

CORAM: Marks J

CATCHWORDS: S357 breach of industrial instrument - guilty plea - failure to keep and maintain remuneration records as required by Contract Determination, specifically time of allocation and meal breaks - consequent underpayment of courier - mitigating factors including rectification of deficiencies causing breach of Contract Determination, no prior breach of industrial instrument, expression of contrition and remorse - undertakings given with respect to future conduct and adjustment of past breaches - objective assessment of the seriousness of the offences - deliberate steps taken by defendant knowing that the obligations under the Contract Determination would not be satisfied - deterrent effect of monetary penalty - monetary penalty imposed

LEGISLATION CITED: Industrial Relations Act 1996 s357 Transport Industry - Courier and Taxi Truck Contract Determination 239 IG 248 cl10.1(d), 12.2

Age Co Limited v Automotive, Foods, Metals, Engineering, Printing and Kindred Industries Union (2000) 103 IR 148 Bluescope Steel v AWU (NSW) (2004) 136 IR 48 CASES CITED: Cotis v Pow Juice Pty Ltd [2007] FMCA 140 Distribution Pty Ltd [2006] NSWIRComm 192 Transport Workers' Union v Carey's Warehousing and