Inspector McGrath v Gould Bros & Co Pty Ltd [2011] NSWIRComm 127

Industrial Relations Commission New South Wales Medium Neutral Citation: Inspector McGrath v Gould Bros & Co Pty Ltd [2011] NSWIRComm 127 Hearing dates: 8 September 2011 Decision date: 23 September 2011 Jurisdiction: Industrial Court of NSW Before: Marks J Decision: 1) In each of matters IRC 1051, 1053 and 1054 of 2010, the defendant, Gould Bros & Co Pty Ltd, is found guilty of each of the charges and convicted accordingly. 2) A monetary penalty for each charge of $100,000 is imposed, with a moiety to the prosecutor. 3) The defendant is to pay the costs of the prosecutor in an amount assessed in default of agreement. Catchwords: OCCUPATIONAL HEALTH AND SAFETY - breach of s 8(1), s 8(2) of the Occupational Health and Safety Act 2000 by the defendant - early guilty pleas - objective seriousness - serious offence - foreseeable risk - general and specific deterrence - commitment to occupational health and safety - defendant unlikely to re- offend - remorse and contrition - good corporate citizen - prior convictions - totality principle - orders made Legislation Cited: Occupational Health and Safety Act 2000 - s 8(1), s 8(2) Cases Cited: Australian Competition and Consumer Commission v Australian Safeway Stores Pty Ltd [1997] FCA 450 Postiglione v The Queen [1997] HCA 26; (1997) 189 CLR 295 Category: Principal judgment Parties: Inspector Cherie McGrath of the WorkCover Authority of New South Wales (Prosecutor) Gould Bros & Co Pty Ltd (Defendant) Representation: Mr C Magee of counsel (Prosecutor) Mr J Darams of counsel (Defendant) Legal Group, WorkCover Authority of New South Wales (Prosecutor) Wotton + Kearney Lawyers File Number(s): IRC 1051 of 2010 IRC 1053 of 2010 IRC 1054 of 2010