Safe Work NSW v Modern Touch Marble and Granite Pty Ltd; Safe Work NSW v Johnne Khouri

Safe Work NSW brought proceedings against Modern Touch Marble and Granite Pty Ltd and its director, Johnne Khouri, in the Local Court of New South Wales. The dispute centred around alleged breaches of work health and safety laws, specifically the failure to provide a safe work environment that resulted in a worker sustaining serious injuries. The court was tasked with determining whether the defendants were guilty of the charges laid against them and, if so, what penalties should be imposed.

The primary legal issues before the court were whether the defendants breached their statutory duties under the work health and safety legislation and, if so, the appropriate penalties to impose. The court had to consider the nature and extent of the breach, the culpability of the defendants, and the potential deterrent effect of the penalties. The court also had to determine the financial capacity of the defendants to pay the fines and ensure that the penalties were proportionate and just.

In delivering the judgment, the court found both Modern Touch Marble and Granite Pty Ltd and Johnne Khouri guilty of the charges. The court emphasised the significant risk to workers' safety and the serious nature of the injuries sustained. In determining the penalties, the court took into account various mitigating and aggravating factors. The court imposed a fine of $75,000 on Modern Touch Marble and Granite Pty Ltd and a fine of $12,500 on Johnne Khouri. The court ordered that half of each fine be paid to the prosecutor and directed that both defendants pay the prosecution costs as agreed or assessed.

The court also noted the importance of ensuring that the penalties reflect the objective seriousness of the offences, serve as a specific and general deterrent, and align with community values. The fines imposed were intended to reflect the gravity of the breaches and the need to uphold workplace safety standards. The court's decision aimed to balance the interests of the community, the victims, and the defendants in achieving just outcomes.