Fire Brigade Employees' Union of New South Wales v Fire and Rescue NSW [2014] NSWIRComm 16

Industrial Relations Commission New South Wales Medium Neutral Citation: Fire Brigade Employees' Union of New South Wales v Fire and Rescue NSW [2014] NSWIRComm 16 Hearing dates: 15 November 2013 Decision date: 08 April 2014 Jurisdiction: Industrial Court of NSW Before: Walton J, President Decision: The Court makes the following orders: (1) Fire and Rescue NSW shall pay a pecuniary penalty of $4,000 apportioned equally in Matter Numbers IRC 569 to 576 of 2013; (2) The defendant shall pay the prosecutor's costs of the proceedings as agreed or assessed. Catchwords: AWARDS - allegations of contravention - eight summons - alleged breach of requirement imposing maximum hours of work - allegations relate to seven different fire-fighters - practice and procedure for issuing summons - breaches admitted - civil penalty - principles - penalty warranted - nature and quality of contraventions - breaches not deliberate or as a result of indifference - failure to avert further breaches after notice - need for diligence in regulation of employment - model employer - not high range of seriousness - personal and general deterrence - prior contravention - consequences of breaches - steps taken to avoid breach - contrition and remorse - maximum penalty - single course of conduct - injunction - contravention found for each matter - principle of totality - pecuniary penalty imposed - costs - orders Legislation Cited: Industrial Relations Act 1996 Industrial Relations Commission Rules 2009 Cases Cited: Auscare Corporation Pty Ltd v New South Wales Department of Commerce [2007] NSWIRComm 271 Auscare Corporation Pty Ltd v New South Wales Department of Commerce (No 2) [2008] NSWIRComm 124 Ian Robertson v Marrickville City Council [2003] NSWIRComm 394 Markarian v R [2005] HCA 25; (2005) 228 CLR 357 Ridge Consolidated Pty Ltd v WorkCover Authority of NSW (Inspector Mauger) [2000] NSWIRComm 151; (2000) 100 IR 56 Yarramul Pty Limited t/as La Porchetta Mulwala and Mulwala Golden Inn Restaurant Pty Limited v Office of Industrial Relations [2007] NSWIRComm 230 Category: Principal judgment Parties: Fire Brigade Employees' Union of New South Wales (Prosecutor) Fire and Rescue NSW (Defendant) Representation: J Nolan of counsel (Prosecutor) R Reitano of counsel (Defendant) Fire Brigade Employees' Union of New South Wales (Prosecutor) Fire and Rescue NSW (Defendant) File Number(s): IRC 569 - 576 of 2013