Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales v Industrial Relations Secretary

The Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales (the Union) appealed to the Court of Appeal of New South Wales against orders made by the Industrial Relations Commission of New South Wales. The dispute concerned the Union's alleged organisation of industrial action, with the Industrial Relations Secretary seeking orders to compel the Union to cease such activities and to refrain from inducing, encouraging, or directing its members to take industrial action.

The primary legal issues before the Court of Appeal were whether the Industrial Relations Commission possessed the power under section 137(1)(a) of the *Industrial Relations Act 1996* (NSW) to make orders directing an industrial organisation to cease organising industrial action and to not induce, encourage, or direct its members to take such action. Additionally, the Court considered whether multiple contraventions of the Act had occurred during a course of conduct extending over multiple days, and whether a penalty previously imposed was manifestly excessive.

The Court of Appeal determined that section 137(1)(a) of the *Industrial Relations Act 1996* (NSW) did indeed grant the Commission the power to make orders against an industrial organisation to cease organising industrial action and to not induce, encourage, or direct its members to take such action. The Court found that the Union's conduct constituted multiple contraventions over several days. Consequently, the Court allowed the appeal, set aside the orders of the primary judge, and substituted a penalty of $25,000.