Inspector Sara Bestre v Jontari Pty Ltd; Inspector Sara Bestre v Tempo Services Pty Ltd; Inspector Jessica Doyle v Gignen Pty Ltd; Inspector Jessica Doyle v Tempo Services Pty Ltd [2007] NSWIRComm 190

Industrial Court of New South Wales

CITATION: Inspector Sara Bestre v Jontari Pty Ltd; Inspector Sara Bestre v Tempo Services Pty Ltd; Inspector Jessica Doyle v Gignen Pty Ltd; Inspector Jessica Doyle v Tempo Services Pty Ltd [2007] NSWIRComm 190

PROSECUTORS: PARTIES: Inspector Sara Bestre and Inspector Jessica Doyle

FILE NUMBER(S): IRC 5843, 5844, 6565 and 6566 of 2005

CORAM: Haylen J

CATCHWORDS: Occupational Health and Safety Act 2000 - s 8(1), s 8(2) - sentencing of primary corporate operator and two wholly owned subsidiaries - subsidiaries used as labour hire supplier - subsidiaries operate as conduit for primary corporate operator in cleaning industry - subsidiaries conducted so as to be without assets - employees treated as employees of primary corporate operator - assault of cleaners working alone in isolated workplaces - separate offences with common particulars - two offences twelve months apart in different locations - risk of assault foreseeable - serious breaches - consideration of totality regarding role of primary corporate operator in both offences - relevance of corporate structure considered in relation to sentencing of subsidiaries - all circumstances of case to be considered - penalties imposed on primary corporate operator - two year bonds imposed on subsidiaries

LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999

Big Rivers Timbers Pty Ltd (2006) 156 IR 341 Haynes v CI & D Manufacturing Pty Ltd (1994) 60 IR 149 Inspector Green v Metropolitan Administration Services Pty Ltd and anor [2005] NSWIRComm 12 CASES CITED: R v Engert (1995) 84 A Crim R 67 Veen v The Queen (No 2) (1988) 164 CLR 465 WorkCover Authority (NSW) v Graincorp Ltd [2002] NSWIRComm 49 WorkCover Authority (NSW) v McDonalds Australia Ltd (2000) 95 IR 383