Inspector Maddaford (WorkCover Authority of NSW) v F.I.P. Pty Limited t/as FIP Brakes International [ACN 006 694 720] [2011] NSWIRComm 115

Industrial Relations Commission New South Wales Medium Neutral Citation: Inspector Maddaford (WorkCover Authority of NSW) v F.I.P. Pty Limited t/as FIP Brakes International [ACN 006 694 720] [2011] NSWIRComm 115 Hearing dates: 12/04/2011 Decision date: 24 August 2011 Jurisdiction: Industrial Court of NSW Before: Backman J Decision: (1) In IRC 193 of 2010, the Court orders that F.I.P. Pty Limited t/as FIP Brakes International [ACN 006 694 720] is convicted of the offence and fined $117,000 with a moiety to the prosecutor. (2) In IRC 194 of 2010, the Court orders that Chris Katakouzinos is convicted of the offence and fined $10,400 with a moiety to the prosecutor. (3) In IRC 193 of 2010 and IRC 194 of 2010, the defendants are to pay the reasonable costs of the prosecutor as agreed or assessed. Catchwords: OCCUPATIONAL health and safety - offences under s 8(1) and s 8(1) by virtue of the operation of s 26(1) of the Occupational Health and Safety Act 2000 (the Act) - pleas of guilty entered by corporate defendant and its director - employee fatally injured after being trapped and crushed inside a blender while cleaning its interior - power to blender not isolated at the time - limit switches on access doors which functioned as lockout devices not operating at time of fatal accident - systems of work with regard to procedure for cleaning blender deficient - objective factors considered - subjective factors considered - respective roles - costs - orders Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Occupational Health and Safety Act 2000 Cases Cited: WorkCover Authority of New South Wales (Inspector Ankucic) v Crown in Right of the State of New South Wales (Department of Education and Training) [2001] NSWIRComm 313; (2001) 112 IR 1 Category: Principal judgment Parties: Inspector Gregory Maddaford (WorkCover Authority of NSW) (Prosecutor) F.I.P. Pty Limited t/as FIP Brakes International [ACN 006 694 720] (Defendant) Chris Katakouzinos (Defendant) Representation: Mr P Ginters of counsel (Prosecutor) Mr B Hodgkinson SC (Defendants) WorkCover Authority of New South Wales (Prosecutor) Bartier Perry (Defendants) File Number(s): IRC 193 of 2010 IRC 194 of 2010