Inspector Piggott v CSR Emoleum Services Pty Ltd. [2004] NSWIRComm 129

Industrial Relations Commission of New South Wales in Court Session

CITATION : Inspector Piggott v CSR Emoleum Services Pty Ltd. [2004] NSWIRComm 129 PROSECUTOR Inspector Alwyn Piggott PARTIES : DEFENDANT CSR Emoleum Services Pty Ltd FILE NUMBER: IRC 1711 of 2001 CORAM: Haylen J CATCHWORDS : Occupational Health and Safety Act 1983 - s 16(1) - sentencing after finding of guilt - participation of two other employers in same accident - other employers already dealt with on pleas of guilty - issue of degree of culpability of defendant - whether defendant less culpable than contractor or labour hire company - accident results in a fatality - objective seriousness of offence - foreseeability established in regard to all defendants - defendant had control of workplace safety and imposed work rules on contractor and labour hire company - defendant held to be a degree more culpable than other defendants - subjective factors fall within narrow scope - penalty imposed Inspector Buggy v Weathertex Pty Ltd [2003] NSWIRComm 273 CASES CITED : Inspector Piggott v CSR Emoleum Services Pty Ltd [2003] NSWIRComm 282 Inspector Piggott v Advantage Personnel Pty Ltd and JCS Engineering Fabrications Pty Ltd (Administrator appointed) unreported 31 December 2003 HEARING DATES: 04/20/2004 DATE OF JUDGMENT: 05/25/2004

PROSECUTOR Mr S Crawshaw SC with Ms Backman of counsel SOLICTIORS WorkCover Authority of New South Wales

LEGAL REPRESENTATIVES: DEFENDANT Mr J N Gleeson QC with Mr Shume of counsel SOLICITORS Moray & Agnew