NSW Caselaw
Industrial Court of New South Wales
CITATION: Inspector Janet Corbett v BBC Hardware Ltd and Bunnings Pty Ltd [2006] NSWIRComm 401
PROSECUTOR: Inspector Janet Corbett
PARTIES: DEFENDANTS: BBC Hardware Ltd and Bunnings Pty Ltd
FILE NUMBER(S): IRC Nos 1854, 1855 and 1856 of 2006
CORAM: Haylen J
CATCHWORDS: Occupational Health and Safety Act 2000 - s 8(1), s 8(2), s 86 - guilty pleas entered - retail hardware companies separately registered but fully integrated in operation - collapse of racking hit by forklift - racking holding 6 to 8 tonnes of pre-packed potting mix - potting mix falls into aisle and over forklift - racking in area used by public and employees - risk of serious injury - defendants developing safety system after hostile acquisition - significant safety systems shown to be deficient - safe weight loads not known or identified - racking system maintained by specialist supplier - multi-faceted breach considered to be serious - general and specific deterrence - substantial subjective facts - early plea and co-operation with authorities - practical integration of companies warrants global approach to penalty for s 8 offences - little evidence as to s 86 offence - failure to notify collapse of plant as soon as possible - penalties imposed
HEARING DATES: 7/12/2006
DATE OF JUDGMENT: 12/14/2006
PROSECUTOR: Mr P Newall of counsel SOLICITORS: DLA Phillips Fox LEGAL REPRESENTATIVES:
DEFENDANTS: Mr R Ray QC with Mr R Taylor of counsel SOLICITORS: Lander & Rogers Lawyers (Melbourne)
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