WorkCover Authority of NSW (Inspector Peter Chamberlain) v Tweed Byron Scaffolding Services Pty Ltd; WorkCover Authority of NSW (Inspector Peter Chamberlain) v Scott Walker [2007] NSWIRComm 59

Industrial Relations Commission of New South Wales in Court Session

CITATION: WorkCover Authority of NSW (Inspector Peter Chamberlain) v Tweed Byron Scaffolding Services Pty Ltd; WorkCover Authority of NSW (Inspector Peter Chamberlain) v Scott Walker [2007] NSWIRComm 59

PROSECUTOR WorkCover Authority of New South Wales (Inspector Peter Chamberlain)

PARTIES: DEFENDANTS Tweed Byron Scaffolding Services Pty Ltd

Scott Walker

FILE NUMBER(S): IRC 3063 - 65 of 2006

CORAM: Marks J

OH&S - guilty pleas - defendants unaware of OH&S obligations - relied on experience and expertise of employees - incident occurred when employee fell through skylight. HELD: Breach objectively serious - general deterrence - importance for employers to understand nature and extent of OH&S obligations where employees working at significant height - specific deterrence - corporate defendant no longer trades - personal defendant desire never to be involved in managerial structure of any company in scaffolding business - mitigating factors: early plea - expression of contrition & remorse - first offence - cooperation with investigation - steps taken post incident to enhance compliance with OH&S obligations - monetary penalty imposed. CATCHWORDS: OH&S - failure to consult - obligation under s 13 requires seeking information, advice and feedback from employees - requires more than dissemination of information. HELD: Breach objectively serious albeit confined to particulars of charge - general & specific deterrence - mitigating factors - principle of totality considered & applied to limited degree - monetary penalty imposed.