Simon Anthony Green Wilkeen Pty Ltd T/as Razorback Glass v SafeWork NSW [2018] NSWIRComm 1074

Industrial Relations Commission New South Wales Medium Neutral Citation: Simon Anthony Green Wilkeen Pty Ltd T/as Razorback Glass v SafeWork NSW [2018] NSWIRComm 1074 Hearing dates: 19 November 2018 Date of orders: 26 November 2018 Decision date: 26 November 2018 Jurisdiction: Industrial Relations Commission Before: Chief Commissioner Kite SC Decision: Order that: (1) The external review is upheld. (2) The decision on internal review is revoked. (3) Improvement Notice 7–328779 is revoked Catchwords: WORK HEALTH AND SAFETY – improvement notice – confirmed on internal review – external review – contravention admitted – work ceased - new systems immediately introduced - delay before issuing improvement notice – existence of reasonable belief that contravention will continue or be repeated Legislation Cited: Work Health and Safety Act 2011 (NSW) Cases Cited: Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch (on behalf of its member Mick Amarasinghe) and WorkCover Authority of New South Wales [2012] NSWIRComm 143 George v Rockett (1990) 170 CLR 104 Growthbuilt v SafeWork NSW [2018] NSWIRComm1002; 274 IR 317 NSW Rural Fire Service v SafeWork NSW [2016] NSWIRComm 4; 257 IR 467 Sydney Trains v Safework NSW [2017] NSWIRComm 1009; 266 IR 276 Category: Principal judgment Parties: Simon Anthony Green Wilkeen Pty Ltd T/as Razorback Glass (Applicant) SafeWork NSW (Respondent) Representation: Solicitors: Christopher White Director, Legal Department of Finance, Services and Innovation File Number(s): 2018/00185757