Inspector Spence v Multiplus Group Pty Ltd (ACN 132 085 824) [2013] NSWIRComm 69

Industrial Relations Commission New South Wales Medium Neutral Citation: Inspector Spence v Multiplus Group Pty Ltd (ACN 132 085 824) [2013] NSWIRComm 69 Hearing dates: 8/04/2013Written Submissions: 3/05/2013 Decision date: 16 August 2013 Before: Backman J Decision: In IRC 1393 of 2011, the Court makes the following orders: (1) Multiplus Group Pty Ltd (ACN 132 085 824) is convicted of the offence and fined $110,000 with a moiety to the prosecutor. (2) Multiplus is to pay the reasonable costs of the prosecutor as agreed or in the absence of agreement as assessed. In IRC 1394 of 2011, the Court makes the following orders: (1) Gao Geng He (Mr Gao) is convicted of the offence and fined $11,000 with a moiety to the prosecutor. (2) Mr Gao is to pay the reasonable costs of the prosecutor as agreed or in the absence of agreement as assessed. Catchwords: OCCUPATIONAL HEALTH AND SAFETY - Occupational Health and Safety Act 2000 (the Act) - pleas of guilty to an offence under s 10(1) of the Act (corporate defendant) and s 10(1) by virtue of s 26(1) of the Act by the director - worker seriously injured after falling 3.7 metres through an unsecured penetration onto a concrete floor - objective factors - subjective factors - whether corporate defendant has limited financial capacity to pay a fine - respective culpabilities of defendants - roles of co-defendants in circumstances of offences - orders Legislation Cited: Fines Act 1996 Occupational Health and Safety Act 2000 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Inspector McGrath v Cooper [2013] NSWIRComm 14 Inspector Spence v Cai [2013] NSWIRComm 5 Inspector Spence v Shang [2012] NSWIRComm 86 WorkCover Authority (Inspector Young) v Wilson (t/as Wilson's Tree Service) (2005) 145 IR 187 Category: Principal judgment Parties: Inspector Ronald John Spence (Prosecutor) Multiplus Group Pty Ltd (ACN 132 085 824) (Defendant) Gao Geng He (Defendant) Representation: Mr M Moir of counsel (Prosecutor) Mr A Williams of counsel (Defendants) Criminal Law Practice Legal Group WorkCover Authority of New South Wales (Prosecutor) John B Hajje & Associates (Defendants) File Number(s): IRC 1393 of 2011 IRC 1394 of 2011