Fire and Rescue NSW on behalf of Department of Premier and Cabinet v New South Wales Fire Brigade Employees' Union [2012] NSWIRComm 76

Industrial Relations Commission New South Wales Medium Neutral Citation: Fire and Rescue NSW on behalf of Department of Premier and Cabinet v New South Wales Fire Brigade Employees' Union [2012] NSWIRComm 76 Hearing dates: 2 July 2012 Decision date: 19 July 2012 Jurisdiction: Industrial Court of NSW Before: Boland J, President Decision: (1) The Fire Brigade Employees' Union is guilty of contravening the dispute orders made by Ritchie C on 21 October 2011 in IRC Matter No 1631 of 2011. (2) The Fire Brigade Employees' Union is fined an amount of: (a) $7,500 in relation to the contravention on 21 October 2011; and (b) $3,500 in relation to the contravention on 22 October 2011. (3) The penalties imposed by order 2(a) and 2(b) hereof are payable within 28 days of the date of this judgment. Catchwords: OFFENCES - Dispute orders - Contravention of dispute orders by Fire Brigade Employees' Union - Contravention admitted - Principles to be applied in fixing penalty - Matters to be taken into account in mitigation - Serious contravention - Penalties imposed Legislation Cited: Industrial Relations Act 1996 Cases Cited: Australian Workers' Union (NSW) v Bluescope Steel (AIS) Pty Ltd [2006] NSWIRComm 71; (2006) 151 IR 153 Bluescope Steel (AIS) Ltd v AWU and Anor (No 2) [2005] NSWIRComm 210 Director-General, NSW Department of Education and Training v NSW Teachers Federation [2010] NSWIRComm 44 Director General, NSW Department of Education and Training and the Managing Director of TAFE v NSW Teachers Federation [2010] NSWIRComm 77 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 Category: Principal judgment Parties: Fire and Rescue New South Wales on behalf of Department of Premier and Cabinet (Applicant) New South Wales Fire Brigade Employees' Union (Respondent) Representation: Mr R Reitano of counsel (Applicant) Mr J Nolan of counsel (Respondent) File Number(s): IRC 1662 of 2011