BP Australia Ltd v Greene

The case of BP Australia Ltd v Greene concerns an appeal against an arbitration decision that found the appellant liable for a worker's deafness claim. The dispute arose out of a claim by the respondent, Greene, for compensation related to boilermaker's deafness, a condition he developed due to prolonged exposure to high noise levels during his employment. The matter was heard and determined by the Industrial Court of Queensland, with further appeal to the Queensland Court of Appeal.

The primary legal issues addressed by the court were whether the appellant was the last noisy employer for the purposes of determining liability under the Workers Compensation Act 1987, and whether the amendments introduced by the Workers Compensation Legislation Amendment Act 2012 applied to the respondent's claim, given that his injury was deemed to have occurred in 1994. The court also had to consider the implications of these legislative changes on the assessment of the respondent's entitlement to compensation, particularly in relation to the impact of the amendments on the savings and transitional provisions.

The court determined that the appellant was indeed the last noisy employer, as it was responsible for exposing the respondent to high noise levels at the workplace. The court further found that the amendments to the Workers Compensation Act 1987 did not apply retroactively to the respondent's claim, which was deemed to have occurred prior to the effective date of the amendments. The reasoning hinged on the interpretation of transitional provisions in the Workers Compensation Act 1987 and the Workers Compensation Regulation 2010, which preserved the rights of claimants with injuries occurring before the legislative changes. The court upheld the Arbitrator's determination that the appellant was liable for the respondent's deafness claim.

The court confirmed the Arbitrator's decision and ordered the appellant to pay the respondent's costs of the appeal, assessed at $2,530 plus GST. This ruling effectively resolves the dispute in favour of the respondent, ensuring that the appellant bears the financial responsibility for the worker's deafness compensation claim.