WorkCover Authority of New South Wales v Asplundh Tree Expert (Australia) Pty Ltd [2003] NSWIRComm 379

Industrial Relations Commission of New South Wales in Court Session

CITATION : WorkCover Authority of New South Wales v Asplundh Tree Expert (Australia) Pty Ltd [2003] NSWIRComm 379 PARTIES : WorkCover Authority of New South Wales (Inspector Henry) Asplundh Tree Expert (Australia) Pty Ltd FILE NUMBER: IRC 3412 of 2003 CORAM: Curtis AJ LEGISLATION CITED : Occupational Health and Safety Act 1983 HEARING DATES: 11/03/2003 EXTEMPORE JUDGMENT DATE : 11/03/2003

Prosecutor: Mr G Phillips Solicitors: Carroll and O'Dea LEGAL REPRESENTATIVES: Defendant: Ms A F Backman of counsel Solicitors: Baker and McKenzie

JUDGMENT: - 6 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES IN COURT SESSION

Coram: Curtis AJ 3 November 2003

Matter No IRC3412 of 2003 WORKCOVER AUTHORITY OF NEW SOUTH WALES (INSPECTOR PAUL HENRY) v ASPLUNDH TREE EXPERT (AUSTRALIA) PTY LIMITED (ACN 055140424) Prosecution under s 15(1) of the Occupational Health and Safety Act 1983 JUDGMENT [2003]NSWIRComm 379

1 The defendant Asplundh Tree Expert (Australia) Pty Ltd (Asplundh) pleads guilty to a charge that it contravened s15(1) of the Occupational Health and Safety Act 1983 on 28 June 2001 in that being an employer at Austral in the state of New South Wales it failed to ensure the health, safety and welfare at work of all its employees, and in particular Mr Richard Austin, in that it failed to ensure that the plant being used by Mr Austin, namely a stump grinder, was safe and without risks to health, because it did not possess a dead man's handle, and further that it failed to provide adequate information, instructions, training and supervision to Mr Austin in the use of the machine and failed to provide and maintain a safe system of work for the grinding of stumps.