NSW Caselaw
Industrial Court of New South Wales
CITATION: Inspector Trotter v BBC Hardware Limited and Bunnings Group Limited [2008] NSWIRComm 232
PROSECUTOR WorkCover Authority of New South Wales PARTIES: DEFENDANTS BBC Hardware Limited Bunnings Group Limited
FILE NUMBER(S): IRC 2167 and 2168 of 2007
CORAM: Marks J
CATCHWORDS: Employee severely injured at work - Occupational Health and Safety prosecution - two companies prosecuted - both companies pleaded guilty to charges - penalty - failure to ensure health, safety and welfare of employees - failure to provide information, instruction and training - failure to properly supervise - serious offences - deterrent effect of penalty on the employing community - deterrent effect on particular defendant - one defendant company no longer trading in NSW - factors that will reduce the amount of penalty - guilty plea at earliest appropriate opportunity - expression of remorse and contrition - actively assisted injured employee in rehabilitation and recovery - proactive steps taken to remedy deficiencies in OH&S systems - defendants are recognised as good corporate citizens - each defendant has acceptable safety record - integration of two defendant companies - one ultimate owner of both companies - commonality in circumstances of culpability - impact of monetary penalties will be borne by same persons - each defendant found guilty - penalties reduced to reflect burden on common shareholders.
LEGISLATION CITED: Occupational Health and Safety Act 2000 s8
Australian Competition and Consumer Commission v Dimmeys Stores Pty Ltd [1999] FCA 1175 Inspector Bestre v Jontari Pty Ltd [2007] NSWIRComm 190 Inspector Green v Big River Timbers Pty Ltd and anor [2006] NSWIRComm 279 Inspector Green v Metropolitan Administrative Services and anor [2005] NSWIRComm 12 Inspector Sharpin v A Team Concrete (Aust) Pty Ltd [2004] NSWIRComm 182 CASES CITED: JT and LC Tippett Pty Ltd and RD and LF Tippett Pty Ltd v WorkCover Authority of New South Wales [2008] NSWIRComm 177 Morrison v Clarence Coal Pty Ltd and Centennial Coal Company [2007] NSWIRComm 270 Pearce v The Queen (1998) 194 CLR 610 Trade Practices Commission v Cue Design Pty Ltd (1996) 85 Crim R 500 WorkCover Authority of NSW v CI & D Manufacturing Pty Ltd [1995] NSWIRComm 288 WorkCover Authority of New South Wales (Inspector Ankucic) v McDonalds Australia Ltd (2000) 95 IR 383
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