NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION: T&M Industries Pty Limited v Inspector Wayne James [2005] NSWIRComm 476
Appellant: T&M Industries Pty Limited PARTIES: Respondent: WorkCover Authority of New South Wales
FILE NUMBER(S): 6603 of 2005
CORAM: Backman J
Criminal Appeal Act 1912 Fines Act 1996 LEGISLATION CITED: Industrial Relations Act 1996 Occupational Health and Safety Act 1983
Alexander & Ors v Cambridge Credit Corporation Limited (Receivers Appointed) & Anor (1985) 2 NSWLR 685 Inspector Wayne James v T&M Industries Pty Limited & Anor [2005] NSWIRComm 424 CASES CITED: Porteous & Others v Inspector McMartin [2005] NSWIRComm 122
HEARING DATES: 12/16/2005 EXTEMPORE JUDGMENT DATE: 12/16/2005
Appellant: Mr M Easton, of counsel
LEGAL REPRESENTATIVES: Respondent: Mr R Reitano, of counsel Solicitor: WorkCover Authority of NSW Ms Fiona Miller
JUDGMENT:
- 9 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES IN COURT SESSION
CORAM: Backman J
16 December 2005
Matter No IRC 6603 of 2005
T&M Industries Pty Limited v Inspector Wayne James
Appeal under s196 of the Industrial Relations Act 1996
JUDGMENT OF THE COURT [2005] NSWIRComm 476
Introduction
1 T&M Industries Pty Limited (the appellant) has appealed against a decision of Schmidt J in which her Honour imposed penalties totalling $135,000 for two offences under s 15(1) and s 16(1) of the Occupational Health & Safety Act 1983: Inspector Wayne James v T&M Industries Pty Limited & Anor [2005] NSWIRComm 424. 2 The appellant appears before the Court today making two applications, first seeking a stay pending the outcome of the appeal of the orders imposed at first instance, and secondly, seeking a temporary stay until sometime early in the New Year thereby enabling it the opportunity to adduce evidence on the stay application. 3 The proceedings before her Honour arose out of circumstances including an incident at the appellant's premises on 15 July 2000 when a 17-year old high school student, Rhys Stevenson, was severely injured when struck by a load which fell from a forklift. At the time of the incident it was Mr Stevenson's first day in the appellant's employ. He was performing duties in the place of another casual employee who was absent from work on the day. 4 Schmidt J found the offences were serious involving dangerous work and employees who were young, untrained and unsupervised in forklift operations. Another contributing factor to this finding was that the key was left in the forklift. At [35] of the sentencing remarks, her Honour said:
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