Higgins Coatings Pty Ltd (“Higgins”) admitted it breached s187AA of the WR Act by making a total payment of $334 to 2 employees for a period of industrial action on 5 August 2003.
Gray J first considered orders sought in relation to substituting Dennis Carr as the Applicant due to Adrian Edward’s resignation. His Honour said that in the circumstances it is appropriate to order that Mr Carr be substituted as the Applicant.
His Honour made the following orders:
- Dennis James Carr be substituted for Adrian Edwards as the Applicant in these proceedings and the title of the proceedings be amended accordingly.
- The application be dismissed.
Relevant circumstances included the following:
- Higgins had a policy not to pay its employees when they engaged in industrial action. It did not pay its other employees who were on other sites who did not work. Payment was authorised by Higgin’s supervisor at the Concept Blue site;
- The Directors have since instructed the supervisor concerned that there is to be no exemption from the policy of not paying employees engaged in industrial action;
- Higgins had no prior convictions and cooperated following commencement of the proceedings.
His Honour said the appropriate order was to dismiss the application. His Honour emphasised that in no way does such an order condone what Higgins has done and it does not send any message that Higgins has not contravened s187AA of the WR Act.