APN Development and Delivery Pty Limited (“APN”) admitted it contravened s187AA of the WR Act by making a payment of $534.78 to 8 employees when they engaged in industrial action on 6 August 2003 and a payment of $598.62 to 9 employees when they engaged in industrial action on 22 October 2003.
North J ordered that the application be dismissed. His Honour considered the following factors to be relevant:
• APN had no prior convictions;
• APN intends to cease work in the construction industry in December 2005.
• APN did not oppose the application;
• APN cooperated early in the proceedings;
• The number of employees and payment made was not large.
• The time of the stoppage was short.
• No detriment was suffered by any participant on the project.