NSW Nurses Association v SOS Nursing & Home Care Service Pty Ltd

The NSW Nurses Association took action against SOS Nursing & Home Care Service Pty Ltd and its managing director, alleging breaches of employment agreements and underpayment of wages. The dispute came before the court, which needed to determine whether the second respondent had sufficient knowledge of the contraventions and whether they had engaged in conduct that amounted to aiding or abetting, counselling, or being knowingly concerned in those contraventions. The court considered the evidence presented by the applicants and the absence of any evidence from the second respondent.

The court examined the nature and extent of the second respondent's knowledge of the alleged contraventions. The evidence showed that the issues of pay and conditions, including travel time and pay rates, were repeatedly brought to the attention of the second respondent through petitions, meetings, correspondence, and direct requests from employees and the applicant. Despite these communications, the second respondent did not take any action to address the issues raised. The court found that the second respondent's failure to respond to the repeated communications and the evidence of discussions about the relevant terms and conditions indicated that they were sufficiently aware of the contraventions.

Based on the evidence, the court concluded that the second respondent had the requisite knowledge of the contraventions and had failed to take any action to prevent them. The court determined that the second respondent had been knowingly concerned in the contraventions, thereby satisfying the requirements for accessorial liability under the relevant statute. As a result, the second respondent was held liable for the contraventions committed by the first respondent.

The court ordered the second respondent to be liable for the contraventions committed by the first respondent, including the underpayment of wages and failure to pay for travel time. The court did not impose any additional penalties or orders beyond establishing the second respondent's liability for the contraventions.