Inspector Childs v Area Concrete Pumping Pty Ltd and others [2013] NSWIRComm 110

Industrial Relations Commission New South Wales Medium Neutral Citation: Inspector Childs v Area Concrete Pumping Pty Ltd and others [2013] NSWIRComm 110 Hearing dates: 27/06/2013 Decision date: 17 December 2013 Jurisdiction: Industrial Court of NSW Before: Backman J Decision: Orders The Court makes the following orders and directions: 1. The Notices of Motion filed on 7 June 2013 by the defendants in Nos. IRC 1450 and 1452 of 2008 and on 17 June 2013 in No. IRC 1454 of 2008 are dismissed. 2. Costs of the Notices of Motion are reserved. Catchwords: Occupational Health and Safety - Notices of Motion seeking leave of the court to withdraw pleas of guilty to charges under s 8(2) and s 8(2)/s26(1) of the Occupational Health and Safety Act 2000 - workers at a construction site fatally injured and seriously injured following the collapse of formwork deck and scaffolding during the pouring of concrete for the concrete roof of a water reservoir - whether administration of justice in favour of applications being granted - general principles - whether three of the injured workers were at the corporate defendant's "place of work" - whether lack of understanding and appreciation of the charges at the time pleas of guilty entered - whether inconsistent verdicts if pleas of guilty not withdrawn - orders Legislation Cited: Drug Misuse and Trafficking Act 1985 Occupational Health and Safety Act 1983 Occupational Health and Safety Act 2000 Cases Cited: Area Concrete Pumping Pty Ltd v Inspector Barry Childs (WorkCover) [2012] NSWCA 208 Barnes unreported, Court of Criminal Appeal, NSW, No. 60418 of 1992, 16 December 1993 Chow v Director of Public Prosecutions (1992) 28 NSWLR 593 Clarke v M C Meinhardt and Partners Pty Ltd (Industrial Court of NSW) Nos 1212 and 1213 of 1990, 30 June 1992, unreported Inspector Childs v Paul Bortolo Serena [2011] NSWIRComm 32 Inspector Childs (WorkCover Authority of New South Wales) v State of New South Wales (Department of Services Technology and Administration [2009] NSWIRComm 202 Inspector Martin Carmody v Luke Tsougranis [No 2] [2003] NSWIRComm 108 Inspector Mayo-Ramsay (WorkCover Authority of NSW) v The Crown in the Right of the State of New South Wales (NSW) Fire Brigades) [2006] NSWIRComm 356 John Holland Pty Ltd v Industrial Court of New South Wales (2010) 202 IR 82 Kirk and Another v Industrial Relations Commission (NSW) and Another (Matter No S106/2009) - (2010) 262 ALR 569 R v Ferrer-Esis (1991) 55 A Crim R 231 R v Jackson [2004] NSWCCA 110 R v Liberti (1991) 55 A Crim R 120 R v Marchando (2000) 110 A Crim R 337 R v Mark Anthony Cooney [2004] NSWCCA 255 R v O'Neill (1979) 2 NSWLR 582 at 588 R v Sagiv (1986) 22 A Crim R 73 WorkCover Authority of New South Wales v Cleary Bros (Bombo) Pty Ltd [2001] NSWIRComm 278 WorkCover Authority of NSW v Hitchcock (2004) 135 IR 377 WorkCover Authority (NSW) (Inspector Farrell) v Morrison WorkCover Authority of NSW (Inspector Keenan) v Technical and Further Education Commission (1999) 92 IR 251 Category: Interlocutory applications Parties: Inspector Barry Childs (Prosecutor) Area Concrete Pumping Pty Ltd (First Defendant) C A Woods (Second Defendant) P B Serena (Third Defendant) Representation: Mr M Cahill of counsel (Prosecutor) Mr J K Kirk of senior counsel with Mr D W M Chin of counsel (First and Second Defendants) Mr B C A Bradley (Third Defendant) WorkCover Authority of New South Wales (Prosecutor) John F Morrissey & Company (First and Second Defendants) Mackenzie & Vardanega (Third Defendant) File Number(s): IRC 1450, 1452 and 1454 of 2008