SafeWork NSW v Apex Building Systems Pty Ltd

SafeWork NSW brought a prosecution against Apex Building Systems Pty Ltd, a construction company, in relation to breaches of work health and safety laws. The company was engaged as the principal contractor on a construction site. The primary issues for the court were the company's failure to conduct a risk assessment concerning working at heights, its failure to implement a suitable and safe work system, and its inadequate supervision of a subcontractor. These failures resulted in a significant risk of death or serious injury to workers on the site. The court had to decide on the appropriate penalty for these breaches, taking into account the objective seriousness of the offences, the company's early guilty plea, and other mitigating and aggravating factors.

The court considered various aspects in determining the penalty. It acknowledged the early guilty plea as a mitigating factor, reducing the fine by 25%. However, it also considered the objective seriousness of the offences, which included the risk to workers' safety and the systemic failures in risk management and supervision. The court found that a fine of $240,000 was appropriate, reflecting the gravity of the breaches. Given the early guilty plea, the fine was reduced by 25%, resulting in a final penalty of $180,000. Additionally, the court ordered that 50% of the fine be paid to the prosecutor and that the company cover the prosecution's costs.

The court's reasoning and final orders reflect a balanced approach to penalising the company for its breaches while also considering the benefits of an early guilty plea. The court's decision aimed to achieve general deterrence for similar future breaches and specific deterrence for the company itself. The court also ensured that the company's capacity to pay was considered in setting the fine. The orders required the company to pay a fine of $180,000, with 50% of that amount going to the prosecutor, and to cover the prosecution's costs.