Australian Liquor, Hospitality and Miscellaneous Workers Union, Queensland Branch, Union of Employees v Performance Security [2001] ICQ 7 (2001) 166 QGIG 347

30 March, 2001 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 347 S:\QIRCDEV-BASE\QGIG\2001\166\NO.13 30.03.01.DOC INDUSTRIAL COURT OF QUEENSLAND Industrial Organisations Act 1997 – s. 245 and s. 246 – application under s. 245 and s. 246 that penalties be imposed on Performance Security for contraventions of s. 237 and s. 238 of Industrial Organisations Act 1997 Australian Liquor, Hospitality and Miscellaneous Workers Union, Queensland Branch, Union of Employees AND Performance Security (No. C35 of 1999) PRESIDENT HALL 20 March 2001 REPORT ON DECISION (as edited) In giving his decision from the Bench on 15 March 2001, President Hall stated:– “This matter was before his Honour Williams J on 16 July 1999. On that occasion, upon the Court being informed of the settlement of the matter and informed that in the event of the terms not being implemented the respondent would not contest liability under the Act for imposition of orders, penalties and compensation the Court might determine, His Honour adjourned the matter to the Registry to enable the terms of the settlement to be carried out. The matter was before me on 13 June 2000 when I was informed the sum of $1,668 was still outstanding. On that occasion I adjourned the matter until today’s date in order to give the respondent the opportunity to find the outstanding sum and pay it. The moneys have not been paid. There has been no appearance by the respondent. It seems to me that the only proper course is to order that the respondent pay to the Australian Liquor, Hospitality and Miscellaneous Workers Union, Queensland Branch, Union of employees the sum of $1,668 by way of final compensation for the breach of legislation which has occurred. Having regard to the whole of the respondent’s conduct, though one may have some sympathy for the respondent’s straitened financial circumstances, it seems to me that the only proper course is to impose a pecuniary penalty of $1,500. I shall draft a formal order in due course and cause the registrar to publish it. You will appreciate that as in all cases where an order is made in the absence of one of the parties, if that party seeks to re-open the matter, the Court will list the matter and hear what that party has to say. I adjourn the Court.”. Dated this twentieth day of March 2001. By the Court, [L.S.] E. EWALD, Industrial Registrar. Appearances:– Mr J. Martin and with him Mr K. Crank for the appellant. Released: 21 March 2001 -- 1 of 1 --