WorkCover Authority of NSW v DHL Exel Supply Chain (Australia) Pty Ltd; WorkCover Authority of NSW v McGill Holdings Pty Ltd; WorkCover Authority of NSW v DTC Pty Ltd [2007] NSWIRComm 14

Industrial Relations Commission of New South Wales in Court Session

CITATION: WorkCover Authority of NSW v DHL Exel Supply Chain (Australia) Pty Ltd; WorkCover Authority of NSW v McGill Holdings Pty Ltd; WorkCover Authority of NSW v DTC Pty Ltd [2007] NSWIRComm 14

PROSECUTOR: WorkCover Authority of New South Wales (Inspector Mark Morgenthal)

DEFNDANTS: PARTIES: DHL Exel Supply Chain (Australia) Pty Ltd

McGill Holdings Pty Ltd

DTC Pty Ltd

FILE NUMBER(S): IRC 652 - 4 of 2006

CORAM: Marks J

OH&S - guilty pleas - incident occurred when worker fell from height - evidence in each proceedings not to be evidence in others - assessment of penalty - objective seriousness - general & specific deterrence - mitigating factors.

Freight distribution company - occupier of property - offence objectively serious - evidence that defendant had become aware of risk, yet did not take steps reasonably available to remove it - failed to identify equipment that could have been utilised - general deterrence taken into account - specific deterrence mitigated by remedial steps taken and general commitment to OH&S - monetary penalty applied.

CATCHWORDS: Transport Company - principal contractor - aware of risk - objectively serious - undertaking less immediate to other two defendants - principal of parity - monetary penalty imposed.

Employer of injured worker - understanding that employees not to undertake actual work carried out - general manager identified risk, complained to principal contractor and eventually terminated contract when nothing done - charge failing to control risk of injury previously identified - breach objectively serious - employer did not bring about cessation of work immediately - less serious than other two defendants - monetary penalty imposed.