SafeWork NSW v Ampelite Australia Pty Ltd

SafeWork NSW prosecuted Ampelite Australia Pty Ltd, a company involved in the manufacturing of fibreglass and polycarbonate roof sheets, ventilators, and skylights, in the District Court of New South Wales. The prosecution stemmed from an incident where a worker was crushed by an unguarded mechanical power press, resulting in severe injuries to the worker's right hand. The charge was related to Ampelite Australia Pty Ltd's failure to conduct a risk assessment, provide adequate instructions and training, and guard the mechanical power press, which were breaches of work health and safety laws.

The court needed to determine the legal issues of whether Ampelite Australia Pty Ltd had breached their duty under the work health and safety legislation, and if so, the appropriate penalty. The court considered the objective seriousness of the breach, mitigating and aggravating factors, the early plea of guilty, the need for general and specific deterrence, and the capacity of the company to pay. The court also examined the costs associated with the prosecution and whether the company should bear these costs.

In its judgment, the court found Ampelite Australia Pty Ltd guilty of the breaches. The court calculated the appropriate fines and reduced them by 25% due to the early plea of guilty. The company was ordered to pay a fine of $135,000 in one case and $12,000 in another, with half of each fine going to the prosecutor. Additionally, the company was ordered to pay the prosecutor’s costs in one case, amounting to $46,000. The court emphasised the importance of workplace safety and the necessity for companies to adhere to legislative requirements to prevent such incidents.