WorkCover Authority of NSW v Anywhere Tower Cranes Pty Ltd; WorkCover Authority of NSW v Ghada Nouh; WorkCover Authority of NSW (Inspector Jones) v Gabris; WorkCover Authority of NSW v Missingham [2007] NSWIRComm 44

Industrial Relations Commission of New South Wales in Court Session

CITATION: WorkCover Authority of NSW v Anywhere Tower Cranes Pty Ltd; WorkCover Authority of NSW v Ghada Nouh; WorkCover Authority of NSW (Inspector Jones) v Gabris; WorkCover Authority of NSW v Missingham [2007] NSWIRComm 44

PROSECUTOR WorkCover Authority of New South Wales (Inspector Alan Jones_

DEFENDANTS Anywhere Tower Cranes Pty Ltd PARTIES: Ghada Nouh

Tom Gabris

Wayne David Missingham

FILE NUMBER(S): IRC 5523- 26 of 2005

CORAM: Marks J

OH&S - guilty pleas - Corporate defendant to provide crane, crew & other personnel to builder - employed manager in charge of operations - office secretary consented to become director on commencement of employment - corporate defendant outsourced provision of crane operators to labour hire company - provide crane operators - incident occurred where crane toppled over and fell into street. HELD: Corporate defendant - objective seriousness - no effective or appropriate system for instruction & supervision of crane operator - deficiencies in crane equipment and operation - limited system & process designed to comply with OH&S responsibilities - not in place on date of incident - specific deterrence - company has not operated in crane industry since incident - general deterrence - early plea - expression of contrition - no prior convictions - no evidence with respect to current activities - monetary penalty imposed.

Sole director - performed administrative tasks only - no involvement with management - ultimate controlling mind - monetary penalty imposed. CATCHWORDS: Manager - requisite degree of complicity - application of Fines Act - principle of parity - monetary penalty imposed.