Industrial Relations Secretary v Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales (No 2)

The Industrial Relations Secretary sought a determination of penalty against two unions for breaches of dispute orders under the Industrial Relations Act 1996 (NSW). The dispute involved the Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales. The Secretary alleged that the unions had repeatedly breached dispute orders over numerous days, and sought penalties for these alleged breaches. The unions contested the claims, arguing that the alleged breaches did not constitute multiple contraventions of the orders.

The central legal issue was whether each day of alleged non-compliance with the dispute orders constituted a separate contravention of the Act, and thus warranted separate penalties for each day. The court had to consider whether the nature of the orders and the circumstances of the alleged breaches justified treating each day of non-compliance as a distinct contravention. The court also considered the appropriate factors to take into account when assessing the penalty for these alleged breaches.

The court determined that each day of alleged non-compliance with the dispute orders constituted a separate contravention of the Act. The court held that the nature of the orders, which required compliance on a daily basis, supported this interpretation. The court also found that the unions' conduct over numerous days constituted a deliberate and persistent disregard for the dispute orders, warranting separate penalties for each day. In assessing the penalty, the court considered various factors, including the seriousness of the breaches, the unions' conduct, and the need to deter future non-compliance with dispute orders. The court ultimately determined the appropriate penalty based on these factors.

The court ordered the unions to pay a penalty for each day of alleged non-compliance with the dispute orders. The total penalty was calculated based on the number of days of alleged non-compliance, with each day attracting a separate penalty. The unions were also ordered to pay the costs of the proceedings.