BBC Hardware Limited v Henneken

BBC Hardware Limited applied for a statutory order of review of a decision by the respondent to reject its application for an enforceable undertaking. The applicant sought the enforceable undertaking under section 42D of the Workplace Health and Safety Act 1995 (Qld) in relation to two incidents that occurred at a workplace operated by the applicant. The respondent had accepted an enforceable undertaking from another party in relation to the same incidents.

The applicant argued that the respondent was required to consider the level of responsibility of the other party for the incidents when deciding whether to accept an enforceable undertaking from the applicant. The applicant also argued that the respondent’s decision to take into account its primary responsibility for each incident was an error of law and that the respondent was required to accept the enforceable undertaking from the applicant because it had accepted the enforceable undertaking from the other party.

The court found that the respondent was not required to consider the level of responsibility of the other party for the incidents when deciding whether to accept an enforceable undertaking from the applicant. The court also found that the respondent was not required to accept the enforceable undertaking from the applicant because the respondent had accepted the enforceable undertaking from the other party. The court found that the respondent’s decision to take into account the applicant’s primary responsibility for each incident was not an error of law. The court dismissed the application.