Inspector Brandie v Phillips [2012] NSWIRComm 137

Industrial Relations Commission New South Wales Medium Neutral Citation: Inspector Brandie v Phillips [2012] NSWIRComm 137 Hearing dates: 20 November 2012 Decision date: 03 December 2012 Jurisdiction: Industrial Court of NSW Before: Haylen J Decision: Having regard to the above matters, the Court makes the following orders: In relation to Phillips Roofing (Newcastle) Pty Ltd: (a) the defendant, Phillips Roofing (Newcastle) Pty Ltd, is found guilty of a breach of s 8(1) of the Occupational Health and Safety Act 2000 as particularised in the Amended Application for Order in Matter IRC 542 of 2009 to which the defendant entered a plea of guilty; (b) the defendant is fined the sum of $75,000 with half that amount to be paid to the prosecutor by way of moiety; (c) the defendant is to pay the costs of the prosecutor in the agreed sum of $7500. In relation to Richard Phillips: (a) the defendant, Richard Phillips, is found guilty of a breach of s 66(a) of the Occupational Health and Safety Act 2000 as particularised in the Application for Order in Matter IRC 541 of 2009 to which he entered a plea of guilty; (b) the defendant is fined the sum of $2750 with half that amount to be paid to the prosecutor by way of moiety; (c) the defendant is to pay the costs of the prosecutor in the agreed sum of $7500. Catchwords: OCCUPATIONAL HEALTH AND SAFETY ACT 2000 - s 8(1) s 66(a) - roofing work performed at height - fragile skylight not discovered prior to work commencing nor lack of safety net - employee falls nearly 9m - serious injuries suffered in fall - Inspector issues a s 62 notice to attend for interview - refusal to attend interview - pleas of guilty entered shortly before trial - both offences held to be serious breaches of Act - comprehensive failure of safe work system exposed - general and specific deterrence - subjective factors considered - penalties imposed Legislation Cited: Fines Act 1996 Occupational Health and Safety Act 2000 Category: Principal judgment Parties: Inspector Phillip Brandie (Prosecutor) Richard Phillips (Defendant in IRC 2009/541) Phillips Roofing (Newcastle) Pty Ltd (Defendant in IRC 2009/542) Representation: Mr Reitano of counsel (Prosecutor) Mr Edwards of counsel (Defendants) Criminal Law Practice, Legal Group WorkCover Authority of NSW (Prosecutor) Harris Wheeler Lawyers (Defendants) File Number(s): IRC 541 of 2009 IRC 542 of 2009