WorkCover Authority of New South Wales (Inspector Wilson) v Chubb Security Australia Pty Limited [2005] NSWIRComm 263

Industrial Relations Commission of New South Wales in Court Session

CITATION: WorkCover Authority of New South Wales (Inspector Wilson) v Chubb Security Australia Pty Limited [2005] NSWIRComm 263

PROSECUTOR: WorkCover Authority of New South Wales (Inspector Wilson) PARTIES: DEFENDANT: Chubb Security Australia Pty Limited

FILE NUMBER(S): IRC 4908 of 2003

CORAM: Staunton J

CATCHWORDS: Occupational health and safety - plea of not guilty - issue of whether the offence alleged occurred at the defendant's place of work - distinction between 'place of work' and 'undertaking' - legislative intention - overriding objective of the Act - principal contractor's obligations under the Act - need to consider facts and circumstances - ongoing contractual and beneficial financial relationship between the defendant and the sub-contractor - defendant had a direct, ongoing and controlling involvement in the work being undertaken by sub-contractor - held, in the circumstances, club car park a place directly affected by work done and continuing to be done by Chubb employees - held to be defendant's place of work.

Interpretation Act 1987 (NSW) Misuse of Drugs Act 1981 (WA) LEGISLATION CITED: Occupational Health and Safety Act 1983 Occupational Health and Safety Act 2000

Beckwith v R (1976) 12 ALR 333 Butler v Fife Coal Co [1912] AC 149 Carrington Slipways Pty Limited v Callaghan (1985) 11 IR 467 Ex parte Fitzgerald, Re Gordon (1945) 45 SR (NSW) 182 Inspector Clark v W L Meinhardt & Partners Pty Limited (Unreported) Matter No's IRC 1212 and 1213 of 1990: 30 June 1992 Kirkby v A & M I Hanson Pty Ltd (1994) 55 IR 40 Krakouer v R (1998) 155 ALR 586 Mainbrace Constructions Pty Limited v WorkCover Authority of New South Wales [2000] 102 IR 84 Rice v Henley (1914) 19 CLR 19 CASES CITED: Waugh v Kippen (1986) 64 ALR 195 WorkCover Authority of New South Wales v TAFE (1999) 92 IR 251 WorkCover Authority of New South Wales (Inspector Campbell) v James Gordon Hitchcock [2004] NSWIRComm 87 WorkCover Authority of New South Wales (Inspector Farrell) v Schrader [2002] 112 IR 284 WorkCover Authority of New South Wales (Inspector Hughes) v Boral Montoro Pty Limited (Unreported) CT 1218 of 1996: 19 December 1996 WorkCover Authority of New South Wales (Inspector Jorgenson) v Christopher John O'Keeffe and C J & S J O'Keeffe Building Pty Ltd (2004) NSWIRComm 397 WorkCover Authority of New South Wales (Inspector Keenan) v Technical and Further Education Commission (1992) 92 IR 251 WorkCover Authority of New South Wales (Inspector Page) v Woolworths Ltd (Unreported) NSWIR Comm 95: 9 September 1994 WorkCover Authority of New South Wales (Inspector Webb) v Nowra Truck & Farm Equipment (Holdings) Pty Limited and ors [2003] NSWIRComm 340