NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Auscare Corporation Pty Ltd v New South Wales Department of Commerce (No 2) [2008] NSWIRComm 124
APPELLANT: Auscare Corporation Pty Ltd PARTIES: RESPONDENT: New South Wales Department of Commerce
FILE NUMBER(S): IRC 372 of 2007
CORAM: Walton J Acting President at [1]; Schmidt J at [36]; Staff J at [149]
CATCHWORDS: Appeal - hearing on sentence - leave to appeal one award breach out of time granted - appeal upheld by consent - question of penalty in relation to two remaining award breaches - whether discretion not to impose penalty should be exercised - public interest - unrepresented litigant - principles applicable to civil penalties - factors to be taken into account in assessing pecuniary penalty - nature and quality of breaches - breaches serious - penalty imposed (by majority) - costs.
Crimes (Sentencing Procedure) Act 1999 LEGISLATION CITED: Industrial Relations Act 1996 Trade Practices Act 1974 Workplace Relations Act 1996
Auscare Corporation Pty Ltd v New South Wales Department of Commerce (2007) 168 IR 261 Australian Competition and Consumer Commission v Dataline.Net.Au Pty Ltd (in liquidation) and Others (2007) 161 FCR 513 Bluescope Steel (AIS) Ltd v Australian Workers' Union and Anor (No 2) [2005] NSWIRComm 210 Bluescope Steel Ltd (formerly BHP Steel Ltd) v Australian Workers' Union, New South Wales Branch (No 2) (2005) 141 IR 329 Commonwealth Bank of Australia and Another v Finance Sector Union of Australia (2007) 157 FCR 329 Construction, Forestry, Mining & Energy Union v Coal & Allied Operations Pty Ltd (No 2) (1999) 94 IR 231 Cotis v Pow Juice Pty Ltd [2007] FMCA 140 CASES CITED: Gibbs v The Mayor, Councillors and Citizens of the City of Altona (1992) 37 FCR 216 Goodrich Aerospace Pty Ltd v Arsic (2006) 66 NSWLR 186 MacPherson v The Queen (1981) 147 CLR 512 Masters v Highway One Transport Pty Ltd (1990) 33 IR 1 Mason v Harrington Corporation Pty Ltd [2007] FMCA 7 Mornington Inn Pty Ltd v Jordan [2008] FCAFC 70 Ponzio v B & P Caelli Constructions Pty and Others (2007) 158 FCR 543 Whalan v Kogarah Municipal Council [2007] NSWCA 5 Yarramul Pty Ltd (t/as La Porchetta) v Office of Industrial Relations (2007) 167 IR 385
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