Transport Workers' Union v Carey's Warehousing & Distribution Pty Ltd, TWU v Chemso Pty Ltd, TWU v Carey's Freight Lines (Tamworth) Pty Ltd, TWU v Antarca Pty Ltd [2006] NSWIRComm 192

Transport Workers' Union v Carey's Warehousing & Distribution Pty Ltd, TWU v Chemso Pty Ltd, TWU v Carey's Freight Lines (Tamworth) Pty Ltd, TWU v Antarca Pty Ltd [2006] NSWIRComm 192

The breaches of the Transport Industry (State) Award arose from a systematic refusal to comply with its provisions and are objectively serious, warranting a civil penalty of $1,100 for each offence, with penalty assessed in light of deterrent effects, mitigating factors, and the group structure of the defendants.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
23 June 2006
Procedural Posture
Prosecution and Recovery of Civil Penalty / Judgment on Penalty and Costs
Outcome
defendants found guilty; civil penalty imposed; costs awarded to prosecutor
Legal Topics
['breach of Industrial Instrument' 'assessment of Civil Penalty' 'underpayment of Wages' 'deterrence' 'family Group of Companies']
['industrial Law'] ['breach of Industrial Instrument' 'assessment of Civil Penalty' 'underpayment of Wages' 'deterrence' 'family Group of Companies']

Source-derived case record

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Procedural Posture

Prosecution and Recovery of Civil Penalty / Judgment on Penalty and Costs

Legal Issues

  1. 1 ['Whether the breaches of the industrial instrument were serious' 'Assessment of appropriate civil penalty' 'Whether offences should be considered separate and distinct' 'Consideration of general and specific deterrence' 'Mitigating factors for penalty']

Ratio Decidendi

The breaches of the Transport Industry (State) Award arose from a systematic refusal to comply with its provisions and are objectively serious, warranting a civil penalty of $1,100 for each offence, with penalty assessed in light of deterrent effects, mitigating factors, and the group structure of the defendants.

Court Disposition

defendants found guilty; civil penalty imposed; costs awarded to prosecutor

Orders

  • ['Each defendant is found guilty of each offence charged in each summons.' 'Monetary penalty of $1,100 for each offence imposed.' 'Penalty paid to Industrial Registrar for payment to prosecutor.' 'Defendants to pay costs assessed by the Court in absence of agreement.' 'Liberty to apply with respect to costs.']