Inspector Louise May v McDonald's Australia Limited [2002] NSWIRComm 179

Industrial Relations Commission of New South Wales in Court Session

CITATION : Inspector Louise May v McDonald's Australia Limited [2002] NSWIRComm 179 PROSECUTION: PARTIES : Inspector Louise May DEFENDANT: McDonald's Australia Limited FILE NUMBER: IRC2256 of 2000 CORAM: Kavanagh J CATCHWORDS : s15(1) prosecution of the Occupational Health and Safety Act 1983 for unsafe system of work - Plea of guilty entered - Prior to breach, Ronald McDonald Road Show operated with truck owned by McDonald's but the production of show operated by another company - McDonald's conducted a safety audit and re-assessment of safe work methods followed for each task performed by its employees but missed identifying defendant's responsibility for the Ronald McDonald's Road Show - McDonald's begins to directly operate show but after the safety audit of the defendant was completed - Third parties contribution relevant only to assist in context of culpability of defendant but for the offence pleaded - When assessing the nature and quality of an offence, the court must assess the offence as particularised and the risk that offence provided to the health and safety of its employee - Corporate character, reputation and industrial record of company considered - Penalty imposed - costs 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 WorkCover Authority of New South Wales (Inspector Farrell) v Schrader (2002) 112 IR 284 WorkCover Authority of New South Wales (Inspector Carmody) v Consolidated Constructions Pty Ltd (2001) 109 IR 316 WorkCover Authority of New South Wales (Inspector Twynam-Perkins) v Maine Lighting Pty Ltd (1995) 100 IR 248 Riley v Australian Grader Hire Pty Ltd (2001) 103 IR 143 CASES CITED : Genner Constructions Pty Limited v WorkCover Authority of New South Wales (Inspector Guillarte) (2001) 110 IR 57 Inspector Mansell v Orica Australia Pty Limited [2002] NSWIRComm 155 Haynes v James Glass & Aluminium Pty Limited (unreported, CT772-775 of 1991, 20 May 1994) Inspector Jose Barbosa v Newstart 150 Pty Ltd t/as Style Wise Interiors [2002] NSWIRComm 64 Capral Aluminium Limited v WorkCover Authority of NSW (Insp Mayo-Ramsay) (2000) 49 NSWLR 610 Fisher v Samaras Industries Pty Ltd (1996) 82 IR 384 Cameron v The Queen [2002] HCA 6 HEARING DATES: 05/09/2002 DATE OF JUDGMENT: 08/05/2002