Industrial Relations Secretary v Public Service Association and Professional Officers’ Association Amalgamated Union of New South Wales [2017] NSWSC 71

Supreme Court New South Wales

Medium Neutral Citation: Industrial Relations Secretary v Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales [2017] NSWSC 71 Hearing dates: 8, 9 February 2017 Date of orders: 09 February 2017 Decision date: 09 February 2017 Jurisdiction: Common Law Before: Fagan J Decision: 1. The Court declares that the defendant has contravened the dispute orders made by the Industrial Relations Commission, Commissioner Newall, on 2 February 2017, in the respects alleged by the prosecutor in pars 2 and 3 of its amended summons to be filed on 10 February 2017.

2.The proceedings are stood over to 2:00 pm on Friday, 17 February 2017 for the hearing of submissions as to penalty and taking evidence with respect to penalty, subject to any application that may be made at that time for further adjournment of that aspect of the proceedings, depending upon events in the meantime.

3. The prosecutor is to serve by noon on Thursday 16 February 2017 any affidavits upon which it intends to rely with respect to the level of penalty in addition to the affidavits which have already been read in the proceedings, such additional affidavits to be provided in copy to my Chambers at the time they are served.

4.The defendant is to file any affidavits on which it wishes to rely in the hearing on penalty listed for the afternoon of 17 February 2017 by noon on 17 February 2017 with a copy delivered to my Chambers at the time of service.

5. The originals of all such affidavits can be filed in Court at 2:00 pm on Friday 17 February 2017.

6. Liberty is granted to either party to apply to the Court for variation of these directions and of the listing or otherwise on 24 hours' notice. Catchwords: INDUSTRIAL LAW – s 139 Industrial Relations Act 1996 (NSW) – show cause summons – dispute orders require industrial organisation to cease encouraging strike – whether dispute orders contravened – whether s 139 Industrial Relations Act permits Supreme Court to order additional injunction – penalty to be determined after impacts of strike ascertained Legislation Cited: Industrial Relations Act 1996 (NSW) Cases Cited: Bluescope Steel (AIS) Pty Limited v Australian Workers' Union [2005] NSWIRComm 210 Category: Principal judgment Parties: Industrial Relations Secretary (prosecutor) Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales (defendant) Representation: Counsel: Mr Nicholas Owens SC/Mr Robert Ranken (prosecutor) Mr Mark Gibian (defendant)