Industrial Relations Secretary v Public Service Association and Professional Officers’ Association Amalgamated Union of New South Wales (No 2) [2017] NSWSC 430

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 (No 2) [2017] NSWSC 430 Hearing dates: 10 April 2017 Date of orders: 12 April 2017 Decision date: 12 April 2017 Jurisdiction: Common Law - Administrative Law Before: Fagan J Decision: For the contravention of the orders of the Industrial Relations Commission, as found by order of this Court on 9 February 2017, the defendant is ordered to pay a fine of $84,000. Catchwords: INDUSTRIAL LAW – s 139 Industrial Relations Act 1996 (NSW) – breach of dispute orders over numerous days – a determination of penalty – whether infringement of ancillary dispute orders over numerous days punishable as multiple contraventions – factors relevant to assessment of penalty Legislation Cited: Industrial Relations Act 1996 (NSW) Cases Cited: Australian Workers' Union (NSW) v BlueScope Steel (AIS) Pty Limited [2006] NSWIRComm 71; (2006) 151 IR 153 Industrial Relations Secretary v Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales [2017] NSWSC 71 Secretary to the Treasury v Public Service Association (No. 2) [2013] NSWIRComm 25 Category: Consequential orders (other than Costs) Parties: Industrial Relations Secretary (prosecutor) Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales (defendant) Representation: Counsel: Mr Robert Ranken (prosecutor) Mr Mark Gibian (defendant)