NSW Caselaw
Industrial Court of New South Wales
CITATION: Director General, NSW Department of Education and Training and the Managing Director of TAFE v NSW Teachers Federation [2010] NSWIRComm 77
PARTIES: Director General, NSW Department of Education and Training and the Managing Director of TAFE (Applicant) NSW Teachers Federation (Respondent)
FILE NUMBER(S): IRC 1679 of 2009
CORAM: Marks J
CATCHWORDS: APPLICATION FOR PENALTY FOR CONTRAVENTION OF DISPUTE ORDER - regulation of industrial disputes - factors to be taken into account in determining penalty - objective seriousness - deliberate breach - general and specific deterrence - guilty plea - penalty imposed
LEGISLATION CITED: Industrial Relations Act 1996 - s 3, s 139
CASES CITED: Director General, NSW Department of Education and Training v NSW Teachers Federation [2009] NSWIRComm 147 Director General, NSW Department of Education and Training v NSW Teachers Federation [2010] NSWIRComm 44
HEARING DATES: 15 December 2009 & 8 June 2010
DATE OF JUDGMENT: 22 June 2010
Mr S Crawshaw SC with Mr M Gibian of counsel Solicitors New South Wales Teachers Federation LEGAL REPRESENTATIVES: Mr P Kite SC with Ms M Fraser of counsel Solicitors Crown Solicitor's Office
JUDGMENT:
INDUSTRIAL COURT OF NEW SOUTH WALES
CORAM: Marks J
Tuesday 22 June 2010
Matter No IRC 1679 of 2009
Director General, NSW Department of Education and Training and the Managing Director of TAFE v NSW Teachers Federation
Application pursuant to s 139 re contravention of dispute orders
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