Insp Plowright v Peter J Davis (Newcastle) Pty Limited [2001] NSWIRComm 269

Industrial Relations Commission of New South Wales in Court Session

CITATION : Insp Plowright v Peter J Davis (Newcastle) Pty Limited [2001] NSWIRComm 269 PROSECUTION: PARTIES : Inspector Plowright DEFENDANT: Peter J Davis (Newcastle) Pty Limited FILE NUMBER: IRC562 of 2001 CORAM: Kavanagh J CATCHWORDS : Plea of not guilty to charge under s16(1) of the Occupational Health and Safety Act 1983 - Whether the site, on the date of the incident, was a "place of work" of the defendant company - Whether there had been a "hand over" of a single apartment on a floor of an apartment block which block had six apartments on each floor - "Place of work" a question of fact - Work still being performed by the defendant company on site - Defendant company required to perform other variations and detailing on the site - Finding the breach occurred at the site of an undertaking of the defendant company at its place of work - Breach found proven LEGISLATION CITED : Occupational Health and Safety Act 1983 s16(1) Mainbrace Constructions Pty Ltd v WorkCover Authority of NSW (Inspector Charles) (2000) 102 IR 84 CASES CITED : Kirkby v A & M I Hanson Pty Limited (1994) 55 IR 40 WorkCover Authority of New South Wales (Inspector Keenan) v Technical and Further Education Commission (1999) 92 IR 251 Insp Maltby v Harris Excavation and Demolition Pty Ltd (unreported, Cahill V-P, CT1144 of 1995, 2 May 1997) HEARING DATES: 09/11/2001; 09/12/2001 DATE OF JUDGMENT: 11/01/2001

PROSECUTOR: Ms P.E. McDonald of counsel Solicitors: Ms M. Lagana LEGAL REPRESENTATIVES: WorkCover Authority of NSW DEFENDANT: Mr R. Warren of counsel Instructed by: Newcastle Master Builders Association