Inspector Nathan Hamilton v Pells Sullivan Meynink Pty Ltd [2012] NSWIRComm 2

Industrial Relations Commission New South Wales Medium Neutral Citation: Inspector Nathan Hamilton v Pells Sullivan Meynink Pty Ltd [2012] NSWIRComm 2 Hearing dates: 25/10/2011 Decision date: 17 February 2012 Jurisdiction: Industrial Court of NSW Before: Backman J Decision: 1. In Application for Order IRC 1991 of 2007, the defendant is found guilty of the offence and convicted. 2. In Application for Order IRC 1992 of 2007, the defendant is found guilty of the offence and convicted. 3. Both matters are set down for a directions hearing at 10am on Friday, 24 February 2012 for the purpose of setting dates for sentence hearings. Catchwords: EX PARTE HEARINGS - Occupational Health and Safety - Occupational Health and Safety Act 2000 (the Act) - two charges against defendant under s 8(1) and s 8(2) of the Act - s 8(1) and s 8(2) charges: Pells Sullivan Meynink (PSM) was an employer - s 8(1) charge: there was a risk to the employees' health, safety and welfare - s 8(2) charge: non-employees exposed to risks to their safety - s 8(1) charge: the risk was to employees at work - s 8(2) charge: PSM's undertaking - s 8(2) charge: the exposure to risk was at PSM's place of work - ss 8(1) and 8(2): a causal nexus between PSM's breach and the risk to employees' safety/the risk arose from the conduct of PSM's undertaking - PSM's responsibilities - what was the design intent/construction sequence developed for the intersection area - non-compliance with design intent and construction sequence by Thiess John Holland (TJH) - Particular c of s 8(1) charge/Particular d of s 8(2) charge: whether failure to implement and maintain adequate system of communication or liaison between PSM and TJH - Particular d of s 8(1) charge/Particular e of s 8(2) charge: whether failure to implement and maintain adequate system of communications or liaison between PSM and Parsons Brinckerhoff (Australia) Pty Limited (PB) - Particular e of s 8(1) charge/ Particular f of s 8(2) charge: PSM failed to prevent its employees/adequately advise that workers should be prevented from performing work in the down drive of the MCAA including its intersection with MC5B - Orders Legislation Cited: Occupational Health and Safety Act 2000 Cases Cited: Inspector Hamilton v John Holland Pty Ltd [2010] NSWIRComm 72; (2010) 194 IR 189 Category: Principal judgment Parties: Inspector Nathan Hamilton (Prosecutor) Pells Sullivan Meynink Pty Ltd (Defendant) Representation: Mr J Agius, SC with Mr R Reitano of counsel and Mr B Docking of counsel (Prosecutor) No appearance (Defendant) WorkCover Authority of New South Wales (Prosecutor) File Number(s): IRC 1991 of 2007 IRC 1992 of 2007