Director-General of the NSW Department of Education and Communities and Managing Director of TAFE NSW v New South Wales Teachers Federation [2012] NSWIRComm 58

Industrial Relations Commission New South Wales Medium Neutral Citation: Director-General of the NSW Department of Education and Communities and Managing Director of TAFE NSW v New South Wales Teachers Federation [2012] NSWIRComm 58 Hearing dates: 13 February 2012; 25 June 2012 Decision date: 28 June 2012 Jurisdiction: Industrial Court of NSW Before: Haylen J Decision: (i) the New South Wales Teachers Federation is found guilty of contravening the dispute orders issued by Backman J on 7 September 2011; (ii) the New South Wales Teachers Federation is to pay the following penalties: (a) in relation to the contravention of the dispute orders on 7 September 2011, the sum of $4000; (b) in relation to the contravention of the dispute orders on 8 September 2011, the sum of $2000. (iii) the penalties imposed in (ii) above shall be payable within 28 days of the date of this judgment. Catchwords: INDUSTRIAL RELATIONS ACT 1996 - Dispute orders - s 137 - contravention by industrial union - relevant principles - consideration of surrounding circumstances - steps taken by union to give advance notice of industrial action - steps taken by applicants to notify students and parents of effect of strike action - industrial action taken by public sector unions under auspices of Unions NSW - strike action taken in relation to Government policy and legislation - no jurisdiction in Commission to make award or arbitrate underlying cause of strike - contravention admitted - penalties imposed Legislation Cited: Industrial Relations Act 1996 Cases Cited: Australian Workers' Union (NSW) v Bluescope Steel (AIS) Pty Ltd (2006) 151 IR 153 BHP Steel Ltd v AWU, New South Wales [2003] NSWIRComm 151 Bluescope Steel (AIS) Ltd v AWU and anor (No 2) [2005] NSWIRComm 210 Bluescope Stree Ltd (formerly BHP Steel Ltd) v Australian Workers Union, NSW (No 2) (2005) 141 IR 329 Construction, Forestry, Mining and Energy Union v Coal and Allied Operations Pty Ltd (No 2) (1999) 94 IR 231 Crown Employees (Teacher in TAFE and Related Employees, Bradfield College and Teachers in TAFE Children's Centres) Salaries and Conditions Award, 2009 [2009] NSWIRComm 169 Crown Employees (Teachers in TAFE and Related Employees) Salaries and Conditions Award and others [2009] NSWIRComm 2 Director-General, NSW Department of Education and Training and the Managing Director of TAFE v NSW Teachers Federation [2010] NSWIRComm 77 Director-General, NSW Department of Education and Training v NSW Teachers Federation [2010] NSWIRComm 44 Category: Principal judgment Parties: Director-General of the NSW Department of Education and Communities and Managing Director of TAFE NSW (Applicant) New South Wales Teachers Federation (Respondent) Representation: Mr P Kite, SC with Mr Easton of counsel (Applicant) Mr N Dawson, Solicitor (Respondent) Crown Solicitor for New South Wales (Applicant) Federation Law, Lawyers (Respondent) File Number(s): IRC 1525 of 2011