Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Comcare v John Holland Pty Ltd [2012] FCA 449 Citation: Comcare v John Holland Pty Ltd [2012] FCA 449
Parties: COMCARE v JOHN HOLLAND PTY LTD (ABN 009 282 242) and JOHN HOLLAND GROUP PTY LTD (ACN 050 242 147)
File number: WAD 406 of 2010
Judge: MCKERRACHER J
Date of judgment: 2 May 2012
Catchwords: INDUSTRIAL LAW - occupational health and safety - penalty - failure to provide and maintain a safe working environment - fall from a height at the Mount Whaleback mine site - unsecured metal grid mesh - fatal accident involving an employee after two near miss incidents - consideration of exercise of discretion in relation to agreed penalty and enforceable undertaking - declaration of contravention - maximum penalty imposed
Legislation: Occupational Health and Safety Act 1991 (Cth) ss 16(1), 16(2), cl 2(1)(a), Pt 1, Sch 2, cl 4, Pt 1, Sch 2
Cases cited: Australian Competition and Consumer Commission v Real Estate Institute of Western Australia Inc (1999) 95 FCR 114 Comcare v Commonwealth of Australia (2007) 163 FCR 207 Comcare v Linfox Australia Pty Ltd (2010) 198 IR 160 Comcare v National Gallery of Australia (2007) 98 ALD 67
Date of hearing: 19 April 2012
Place: Perth
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 53
Counsel for the Applicant: MD Howard SC
Solicitor for the Applicant: DLA Piper Australia
Counsel for the Respondents: T McEvoy
Solicitor for the Respondents: Herbert Geer
IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION WAD 406 of 2010
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