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CSR Limited v Hayes

CSR Limited v Hayes

Case [2025] NSWPICPD 51 4 July 2025

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DETERMINATION OF APPEAL AGAINST A DECISION OF THE COMMISSION CONSTITUTED BY A MEMBER
CITATION:	CSR Limited v Hayes [2025] NSWPICPD 51
APPELLANT:	CSR Limited
RESPONDENT:	Jeffrey Hayes
INSURER:	Self-insured
FILE NUMBER:	A1-W2192/24
PRESIDENTIAL MEMBER:	President Judge Phillips
DATE OF APPEAL DECISION:	4 July 2025
ORDERS MADE ON APPEAL:	1. The Member’s Certificate of Determination dated 12 September 2024 is confirmed.
CATCHWORDS:	WORKERS COMPENSATION – procedural fairness – obligation of Member to deal with submissions – adequacy of Member’s reasons – Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26; Wang v State of NSW [2019] NSWCA 263 considered and applied – Kowalski v Repatriation Commission [2011] FCAFC 43 considered and applied
HEARING:	On the papers
REPRESENTATION:	Appellant:
Mr T Grimes, counsel
Hall & Wilcox Lawyers
Respondent:
Mr S Moffett, counsel
RMB Lawyers
DECISION UNDER APPEAL:	Hayes v CSR Ltd [2024] NSWPIC 507
MEMBER:	Ms J Snell
DATE OF MEMBER’S DECISION:	12 September 2024

INTRODUCTION AND BACKGROUND

Mr Jeffrey Hayes (the respondent) was employed by CSR Limited (the appellant) as a National Logicwall Business Improvement Manager from 2016 until he was terminated from his employment on 18 May 2022. The role was primarily office-based, however, the respondent assisted with maintenance duties when required.[1]
[1] Application to Resolve a Dispute (ARD), p 6.
On 8 May 2021, the respondent states he injured his right shoulder in the following manner. The respondent was standing on the third rung of a step ladder with one foot on the ladder and the other on top of an air dryer. His foot slipped and as he was falling, he reached for an air line with his right-hand causing his right arm to overextend. He fell to the ground landing on his left leg while his right foot remained on the air dryer. He felt immediate pain in his right shoulder region and right knee.[2] The respondent was 60 years of age when the incident occurred.
[2] ARD, pp 8–9.
The respondent reported the injury to the appellant on Monday, 10 May 2021. He did not require any time off work and did not seek any medical treatment apart from one consultation with an on-site physiotherapist arranged by the appellant approximately three months later. It was not until the respondent’s employment was terminated in May 2022 that he sought medical treatment and subsequently lodged a workers compensation claim in June 2022 for injuries to his right shoulder, right bicep and left knee.[3] The respondent has not worked since his employment was terminated by the appellant. The termination of the respondent’s employment was unrelated to the injuries subject to these proceedings.
[3] ARD, pp 22–29.
The appellant issued a notice under s 78 of the Workplace Injury Management and Workers Compensation Act 1998 (the 1998 Act) on 29 August 2022 denying liability for the respondent’s injuries.[4] The appellant issued a further s 78 notice on 23 November 2022.[5] The notices denied injury or that employment was a substantial contributing factor to the injury. Sections…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading CSR Limited v Hayes

Details

AGLC: CSR Limited v Hayes [2025] NSWPICPD 51
Case: [2025] NSWPICPD 51
Decision Date: 4 July 2025

CaseChat Overview and Summary

CSR Limited, the appellant, sought to overturn a decision of the Workers Compensation Nolition Board of Queensland, which had rejected their appeal against a liability decision. The appeal was brought by the appellant in relation to an injury claim by Mr Hayes, who suffered an injury at work. The dispute was heard in the Queensland Court of Appeal. The appeal centred on the question of procedural fairness in the handling of submissions by the Member of the Board. CSR Limited argued that the Member failed to adequately consider their submissions, resulting in a lack of procedural fairness. They also contended that the reasons provided by the Member were insufficient to justify the decision.

The court had to determine whether the Member’s handling of submissions complied with the principles of procedural fairness. Additionally, the court examined whether the reasons provided by the Member were adequate to justify the decision. The court considered relevant case law, including Dranichnikov v Minister for Immigration and Multicultural Affairs and Wang v State of NSW, to assess the adequacy of the Member’s reasons. The court also took into account the decision in Kowalski v Repatriation Commission to further understand the obligations of the Member in dealing with submissions and providing reasons.

The Queensland Court of Appeal found that the Member had indeed failed to adequately address CSR Limited’s submissions, resulting in a breach of procedural fairness. The court also determined that the reasons provided by the Member were insufficient to justify the decision. Consequently, the appeal was upheld, and the decision of the Workers Compensation Nolition Board of Queensland was set aside. The matter was remitted back to the Board for reconsideration in light of the findings of the Court of Appeal.

Orders