Growthbuilt Pty Ltd v SafeWork NSW [2018] NSWIRComm 1002

Industrial Relations Commission New South Wales Medium Neutral Citation: Growthbuilt Pty Ltd v SafeWork NSW [2018] NSWIRComm 1002 Hearing dates: 3 November 2017 Date of orders: 17 January 2018 Decision date: 17 January 2018 Jurisdiction: Industrial Relations Commission Before: Chief Commissioner Kite SC Decision: Order: (1) The external review is upheld. (2) The decision taken to have been made on the internal review is revoked. (3) The decision to issue Prohibition Notice 38360 is revoked. Catchwords: INDUSTRIAL LAW – New South Wales – work health and safety – prohibition notice - application for external review – no decision on internal review – decision taken to have been made - test of reasonable belief – whether objective or subjective test – whether belief held by inspector was reasonable; STATUTES - acts of parliament – interpretation; Words and Phrases – "is occurring" - Work Health and Safety Act 2011 (NSW) s 195(1)(a) Legislation Cited: Work Health and Safety Act 2011 (NSW) ss 3, 35, 37, 38, 195, 223, 224, 226 and 229 Cases Cited: Essential Energy v WorkCover Authority of New South Wales [2012] NSW IRComm 83 George v Rockett [1990] HCA 46; 170 CLR 104 Halley v Kershaw [2013] VSC 439 Hunter Quarries Pty Ltd v New South Wales (Department of Trade & Investment) [2014] NSWSC 1580 NSW Rural Fire Service v SafeWork NSW [2016] NSWIRComm 4 Re Australian Conciliation and Arbitration Commission; Ex parte Graham [1977] HCA 20; 138 CLR 164 Sydney Trains v SafeWork NSW [2017] NSWIRComm 1009 Category: Principal judgment Parties: Growthbuilt Pty Ltd (Applicant) SafeWork NSW (Respondent) Representation: Counsel: C Magee