Casello Constructions Pty Ltd (“Casello”) admitted it breached s187AA of the WR Act by making a payment of about $2000 to a total of 21 employees for periods of industrial action on 5 and 6 August 2003 at two sites.
North J made the following declaration:
1. Casello has contravened s187AA of the WR Act by making payment to 4 Concept Blue employees for a period on 5 and 6 August 2003 in which they engaged in industrial action.
2. Casello has contravened s187AA of the WR Act by making payment to 17 Three Towers employees for a period on 5 August 2003 in which they engaged in industrial action.
His Honour stated that the starting point must be that the industrial laws of Australia must be obeyed and the circumstances of each case must determine the appropriateness of penalties to be imposed. In this case his Honour declined to impose a penalty. Relevant circumstances included the following:
• Casello had distributed letters to employees confirming its policy of non-payment for industrial action;
• Casello’s Director had attended a course on obligations under the WR Act;
• Legal costs of $8000 were incurred;
• Casello had no prior convictions;
• Casello had no prior convictions;
• His Honour said it is unlikely Casello will be involved in a further contravention of the WR Act.