Inspector Roy Milligan v Manbead Pty Ltd [2002] NSWIRComm 130

Industrial Relations Commission of New South Wales in Court Session

CITATION : Inspector Roy Milligan v Manbead Pty Ltd [2002] NSWIRComm 130 PROSECUTOR: PARTIES : Inspector Roy Milligan DEFENDANT: Manbead Pty Ltd FILE NUMBER: IRC5055 of 2001 CORAM: Kavanagh J CATCHWORDS : Prosecution s15(1) of the Occupational Health and Safety Act - employer defendant operates a labour hire firm - after supplying its employees for work, it adopts a Principal's work safe procedures - failure of defendant to have any input into the site safety standards or work methods as devised by the Principal - failure to have any independent safety policy or work methods in place - As to penalty, consideration given to financial resources of small company with no prior convictions but weight as to serious nature of the offence - Penalty imposed LEGISLATION CITED : Occupational Health and Safety Act 1983 Lawrenson Diecasting Pty Limited v WorkCover Authority of New South Wales (Inspector James Swee Ch'ng) (1999) 90 IR 464 Inspector Hannah v Wonar Pty Ltd, (unreported, Fisher CJ, Glynn and Cullen JJ, CT90/1214, 30 June 1992) WorkCover Authority of New South Wales (Inspector Mansell) v Anytime Industrial Services Pty Limited (2001) 110 IR 34 CASES CITED : Haynes v James Glass & Aluminium Pty Limited (unreported, Fisher CJ, CT91-772-775, 20 May 1994) Page v Walco Hoist Rentals Pty Ltd (No 2) (2000) 99 IR 163 Fisher v Samaras Industries Pty Ltd (1996) 82 IR 384 Warman Ltd v WorkCover Authority (1998) 80 IR 326 HEARING DATES: 04/24/2002 DATE OF JUDGMENT: 06/18/2002