NSW Caselaw
Industrial Relations Commission New South Wales Medium Neutral Citation: Lipman Pty Ltd v SafeWork NSW [2021] NSWIRComm 1088 Hearing dates: 2 September 2021 Date of orders: 17 November 2021 Decision date: 17 November 2021 Jurisdiction: Industrial Relations Commission Before: Commissioner Murphy Decision: Orders 1. The external review is upheld. 2. The internal review decision made by the SafeWork reviewer following the application made by Lipman on 29 March 2021 is revoked. 3. The decision to issue Improvement Notice No. 7-130-EJIEDT is revoked. Catchwords: WORK HEALTH AND SAFETY – Improvement Notice issued by inspector following an alleged contravention of the Work Health and Safety Act – application for external review of decision made on internal review – whether there is a reasonable belief that a contravention has occurred in circumstances that make it likely that the contravention will continue or be repeated – external review upheld Legislation Cited: Work Health and Safety Act 2011 Work Health and Safety Regulation 2013 Cases Cited: Growthbuilt Pty Ltd v SafeWork NSW [2018] NSWIRComm 1002 Texts Cited: Nil Category: Principal judgment Parties: Lipman Pty Ltd (Applicant) SafeWork NSW (Respondent) Representation: Counsel: Mr C McGee (Applicant) Mr M Moir (Respondent)
Solicitors: Mr S Dekker, Mills Oakley (Applicant) Mr H Bell, Legal, Department of Customer Service (Respondent) File Number(s): 2021/00123781 Publication restriction: Nil
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