NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : WCA v Inghams Enterprises Pty Limited [2000] NSWIRComm 255 Prosecution: WorkCover Authority of New South Wales PARTIES : Defendant: Inghams Enterprises Pty Ltd FILE NUMBER: IRC6672 of 1999 CORAM: Maidment J Plea of guilty - Failure to ensure health, safety and welfare of employees- Failure to provide safe system of work. CATCHWORDS : Penalty imposed $85 000. LEGISLATION CITED : Occupational Health and Safety Act 1983 HEARING DATES: 12/06/2000 EXTEMPORE JUDGMENT DATE : 12/06/2000
Prosecutor: Ms P McDonald of counsel
Solicitor: Mr G Henderson PricewaterhouseCoopers Legal
LEGAL REPRESENTATIVES: Defendant: Mr J Fernon of counsel
Solicitor: Ms W Thompson Freehills
JUDGMENT: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES IN COURT SESSION
CORAM: MAIDMENT J DATE: 6 DECEMBER 2000 Matter No. IRC99/6672 WorkCover Authority of New South Wales (Insp Kalanithy) v Inghams Enterprises Pty Limited Application under s15 (1) of the Occupational Health and Safety Act 1983. EX TEMPORE JUDGMENT
1 HIS HONOUR: In this matter I impose a penalty of $85,000. I note that the maximum is $825,000. I consider the matter to be moderately serious. The reason for that being that wherever there are moving vehicles, there is a danger to those who are on foot. 2 I take into account the evidence of Mr Ruff, the fact that the company is seriously concerned with safety, the number of sites and employees that it has, but it seems to me that from a deterrence point of view the penalty that I have imposed is appropriate, bearing in mind the record of the company, which includes a penalty of $30,000 back in 1994, and the fact that the maximum penalty now is $825,000. 3 I have applied a significant discount on account of the plea of guilty, which was entered early, and I have also taken into account the obvious contrition displayed by the attitude towards the injured employee. I award a moiety and costs to the prosecutor.
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