NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION: Transport Workers' Union v Carey's Warehousing & Distribution Pty Ltd, TWU v Chemso Pty Ltd, TWU v Carey's Freight Lines (Tamworth) Pty Ltd, TWU v Antarca Pty Ltd [2006] NSWIRComm 192
PROSECUTOR: Transport Workers' Union of New South Wales
PARTIES: DEFENDANTS: Carey's Warehousing & Distribution Pty Ltd Chemso Pty Ltd Carey's Freight Lines (Tamworth) Pty Ltd Antarca Pty Ltd
FILE NUMBER(S): IRC 2001- 03 of 2006; IRC 2022- 27 of 2006
CORAM: Marks J
CATCHWORDS: Prosecution & Recovery of Civil Penalty – breach of several provisions of Industrial Instrument – guilty plea – assessment of appropriate penalty - whether offences to be considered separate and distinct. Held: failure to comply with an industrial instrument serious matter – systematic refusal to pay overtime – general deterrent effect on transport industry as a whole – inappropriate to view the entire matter as separate and distinct offences – offences arose out of same course of conduct - one family group of companies with same controlling mind – penalty imposed.
LEGISLATION CITED: Industrial Relations Act 1996 Transport Industry (State) Award
HEARING DATES: 14/6/06
DATE OF JUDGMENT: 06/23/2006
PROSECUTOR: Mr A Hatcher of Counsel INDUSTRIAL ORGANISATION Transport Workers' Union of New South Wales LEGAL REPRESENTATIVES: Case Officer: David Tritton
DEFENDANTS: SOLICITOR: Mr M Dunne Leitch Hasson Dent:
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