Ins John Mulder v Rorato Nominees Pty Ltd. Prosecution pursuant to s 8(2) of the OH&S Act 2000; Ins Stephen Jones v Sergio Rorato. Prosecution under s 8(2) by virtue of s 26(1) of the OH&S Act 2000 [2008] NSWIRComm 13

Industrial Court of New South Wales

CITATION: Ins John Mulder v Rorato Nominees Pty Ltd. Prosecution pursuant to s 8(2) of the OH&S Act 2000; Ins Stephen Jones v Sergio Rorato. Prosecution under s 8(2) by virtue of s 26(1) of the OH&S Act 2000 [2008] NSWIRComm 13

PROSECUTORS: Inspector John Mulder and Inspector Stephen Jones PARTIES: DEFENDANTS: Rorato Nominees Pty Ltd and Sergio Rorato

FILE NUMBER(S): IRC 243 and 471 of 2007

CORAM: Haylen J

Occupational Health and Safety Act 2000 - s 8(2) and s 26(1) - corporation and sole director plead guilty to breach - tomato CATCHWORDS: processing plant -use of contract labour - contract required defendants to provide a safe work place - contractor working in loading area hit by forklift truck - absence of specific training and direction prohibiting or restricting pedestrians entering loading area - contractor suffers multiple injuries and unable to resume pre-injury employment - contest as to some relevant facts but facts substantially agreed - serious breach established - general and specific deterrence considered - early plea and clean record operate to mitigate penalty - penalty imposed

LEGISLATION CITED: Factories Shops & Industries Act

CASES CITED: Primary Contracting Services Pty Ltd and Narelle Pamela Davies [2008] NSWIRComm 12 Workcover Authority of New South Wales (Inspector Glass) v Kellogg (Aust) Pty Ltd (No.2) (1999) 101 IR 261