Inspector Alwyn Piggott v CSR Emoleum Services Pty Ltd [2003] NSWIRComm 282

Industrial Relations Commission of New South Wales in Court Session

CITATION : Inspector Alwyn Piggott v CSR Emoleum Services Pty Ltd [2003] NSWIRComm 282 PROSECUTOR: Inspector Piggott PARTIES : DEFENDANT: CSR Emoleum Services Pty Ltd. FILE NUMBER: IRC 1711 of of 2001 CORAM: Haylen J CATCHWORDS : Occupational Health and Safety Act 1983 - s 16(1) - defendant wholly owned subsidiary of a partnership entity - secondment arrangement for defendant to provide employees for the purposes of the partnership venture - defendant employer of persons provided to partnership - nature of the defendant's undertaking - whether defendant's undertaking no more than provision of labour to partnership - consideration of entire partnership agreement shows defendant intertwined with business of partnership - undertaking of defendant included management of contract to refurbish partnership plant and responsibility for occupational health and safety at the plant during refurbishment probject - "place of work" - defendant's place of work held to be the partnership's plant - defendant's failure to maintain a safe system of work in operating a conveyor system - conveyor left unguarded while operational during process to clear blockages - failure to isolate electric motors running conveyor during clearance of blockage - failure to provide appropriate and effective supervision of clearing task - s 53 defence not made out - offence proved

Carrington Slipways Pty Ltd v Callaghan (1995) 11 IR 467 at 470 Drake Personnel Ltd t/as Drake Industrial v WorkCover Authority of New South Wales (Inspector Ch'ng) (1999) 90 IR 432 at 455 - 456 Bulding Workers Industrial Union of Australia and ors v Odco Pty Ltd (1991) 29 FCR 104 Inspector Clark v W N Meinhardt & Partners Pty Ltd NSWIRComm 30 June 1992 Inspector Page v Woolworths Ltd, unreported, Peterson J CT93/1044, 9 September 1994 Mainbrace Contructions Pty Ltd v WorkCover Authority of New South Wales (Inspector Charles) (2000) 102 IR 84 CASES CITED : WorkCover Authority of NSW (Inspector Bultitude) v Grice Constructions Pty Ltd (2002) 115 IR 59 at [66] et seq WorkCover Authority of New South Wales (Inspector Farrell) v Ross Morrison [2001] NSWIRComm 325 WorkCover Authority of New South Wales (Inspector Keenan) v TAFE (1999) 92 IR 251 at 257 WorkCover Authority of NSW (Inspector Legge) v Coffey Engineering Pty Ltd (No 2) (2001) 110 IR 447 WorkCover Authority of New South Wales (Inspector Reed) v CSR Limited t/as CSR Wood Panels (2001) 109 IR 275 at 289. WorkCover Authority of NSW (Inspector Robins) v Labour Co-Operative Ltd (No 1) (2001) NSWIRComm 223, (2001) 108 IR 283 WorkCover Authority v Boral - Montoro Pty Ltd (unreported, 19 December 1997, Matter No CT 1218/996)