SafeWork NSW v Bridgeworks (Aust) Pty Ltd - [2025] NSWIC 17

Industrial Court

New South Wales

Medium Neutral Citation: SafeWork NSW v Bridgeworks (Aust) Pty Ltd [2025] NSWIC 17
Hearing dates: 15 October 2025
Date of orders: 24 October 2025
Decision date: 24 October 2025
Before: Paingakulam J
Decision:
(1) I convict Bridgeworks (Aust) Pty Ltd of the offence as charged.
(2) I impose a fine of $150,000.
(3) Bridgeworks (Aust) Pty Ltd is to pay the prosecutor’s costs of the proceedings as agreed or assessed.
(4) Pursuant to s 122(2) Fines Act 1996 (NSW), 50% of the fine is to be paid to the prosecutor.

Catchwords:
CRIMINAL LAW — work health and safety — offences — category 2 — fall from height — formwork — worker not adhering to established safety systems — no elevated work platform — low range of objective seriousness
SENTENCING — relevant factors on sentence — objective seriousness — deterrence — aggravating factors — mitigating factors — parity — appropriate penalty

Legislation Cited:
Crimes (Sentencing Procedure) Act 1999 (NSW)
Fines Act 1996 (NSW)
Work Health and Safety Act 2011 (NSW)
Work Health and Safety Regulation 2017 (NSW)

Cases Cited:
Baumer v The Queen (1988) 166 CLR 51; [1988] HCA 67
BW v The Queen [2011] NSWCCA 176
Capral Aluminium Limited v WorkCover Authority of New South Wales (2000) 49 NSWLR 610; [2000] NSWIRComm 71
Green v The Queen; Quinn v The Queen (2011) 244 CLR 462; [2011] HCA 49
Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25
Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39
Nash v Silver City Drilling (NSW) Pty Ltd; Attorney General for New South Wales v Silver City Drilling (NSW) Pty Ltd [2017] NSWCCA 96
R v Borkowski [2009] NSWCCA 102
R v McNaughton (2006) 66 NSWLR 566; [2006] NSWCCA 242
R v Thomson; R v Houlton (2000) 49 NSWLR 383; [2000] NSWCCA 309
R v Wilkinson (No 5) [2009] NSWSC 432
R v Youkhana [2004] NSWCCA 412
SafeWork NSW v Menai Civil Contractors Pty Ltd [2025] NSWIC 8
SafeWork NSW v PRW Services Pty Ltd; SafeWork NSW v Peter Whalan [2024] NSWDC 16
Unity Pty Ltd v SafeWork NSW [2018] NSWCCA 266
Veen v The Queen (No 2) (1988) 164 CLR 465; [1988] HCA 14

Category: Sentence
Parties: SafeWork NSW (Prosecutor)
Bridgeworks (Aust) Pty Ltd (Offender)
Representation:
Counsel:
A Sivanathan (Prosecutor)
N Read (Offender)
Solicitors:
SafeWork NSW (Prosecutor)
Wotton Kearney (Offender)

File Number(s): 2024/416238
Publication restriction: Nil

JUDGMENT

Bridgeworks (Aust) Pty Ltd (Bridgeworks) undertakes turn-key solutions for road, rail and over water span structures. It was engaged by Menai Civil Contractors Pty Ltd (Menai Civil) to assist with the construction of a bridge at a site in Huntley, New South Wales (the site). Bridgeworks contracted with Topdeck Formwork Services Pty Ltd (Topdeck) for the supply of formworkers for the site. On 11 November 2022, Mr Michael Bagnato, a contractor engaged by Topdeck, suffered a fall while stripping formwork at the site, sustaining serious injuries to his right…

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.

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Details

Case: [2025] NSWIC 17
Decision Date: 24 October 2025

CaseChat Overview and Summary

SafeWork NSW initiated legal proceedings against Bridgeworks (Aust) Pty Ltd, alleging a breach of work health and safety regulations. The specific charge was that a worker under Bridgeworks’ employment fell from a height while working with formwork, due to not adhering to established safety systems. The incident occurred in the absence of an elevated work platform, leading to the prosecution for an offence under category 2. The case was heard and determined in a court with jurisdiction over work health and safety matters. The central legal issue was whether Bridgeworks (Aust) Pty Ltd had violated the work health and safety regulations by allowing the worker to perform tasks without the required safety measures. The court had to consider the objective seriousness of the offence, the need for deterrence, and any aggravating or mitigating factors that might influence the sentence.

The court examined the objective seriousness of the offence, which was assessed as being in the low range due to the lack of significant injury or damage. However, the court recognised the importance of deterrence and the need to ensure compliance with safety regulations to prevent future incidents. The absence of an elevated work platform was a significant aggravating factor, as it indicated a failure to implement basic safety protocols. Conversely, the company's cooperation during the proceedings and its previous good safety record were mitigating factors. The court also considered the principle of parity, ensuring that the penalty was commensurate with similar offences. After weighing all these factors, the court concluded that a fine of $150,000 was appropriate, along with an order for the company to pay the prosecutor’s costs and a statutory requirement that half of the fine be directed to the prosecutor.

The court's decision and orders reflect a balanced approach to sentencing, aiming to uphold regulatory standards while considering the specific circumstances of the case. The conviction and penalty serve both as a deterrent and a reinforcement of the importance of adhering to work health and safety regulations. The orders further ensure that the financial consequences of the breach are appropriately allocated and that the regulatory body is reimbursed for its efforts. The decision underscores the necessity for companies to maintain stringent safety protocols to protect their workers and avoid legal repercussions.

Orders

Orders of the court

(1) I convict Bridgeworks (Aust) Pty Ltd of the offence as charged.

(2) I impose a fine of $150,000.

(3) Bridgeworks (Aust) Pty Ltd is to pay the prosecutor’s costs of the proceedings as agreed or assessed.

(4) Pursuant to s 122(2) Fines Act 1996 (NSW), 50% of the fine is to be paid to the prosecutor.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Medium Neutral Citation:	SafeWork NSW v Bridgeworks (Aust) Pty Ltd [2025] NSWIC 17
Hearing dates:	15 October 2025
Date of orders:	24 October 2025
Decision date:	24 October 2025
Before:	Paingakulam J
Decision:	(1) I convict Bridgeworks (Aust) Pty Ltd of the offence as charged. (2) I impose a fine of $150,000. (3) Bridgeworks (Aust) Pty Ltd is to pay the prosecutor’s costs of the proceedings as agreed or assessed. (4) Pursuant to s 122(2) Fines Act 1996 (NSW), 50% of the fine is to be paid to the prosecutor.
Catchwords:	CRIMINAL LAW — work health and safety — offences — category 2 — fall from height — formwork — worker not adhering to established safety systems — no elevated work platform — low range of objective seriousness SENTENCING — relevant factors on sentence — objective seriousness — deterrence — aggravating factors — mitigating factors — parity — appropriate penalty
Legislation Cited:	Crimes (Sentencing Procedure) Act 1999 (NSW) Fines Act 1996 (NSW) Work Health and Safety Act 2011 (NSW) Work Health and Safety Regulation 2017 (NSW)
Cases Cited:	Baumer v The Queen (1988) 166 CLR 51; [1988] HCA 67 BW v The Queen [2011] NSWCCA 176 Capral Aluminium Limited v WorkCover Authority of New South Wales (2000) 49 NSWLR 610; [2000] NSWIRComm 71 Green v The Queen; Quinn v The Queen (2011) 244 CLR 462; [2011] HCA 49 Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25 Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39 Nash v Silver City Drilling (NSW) Pty Ltd; Attorney General for New South Wales v Silver City Drilling (NSW) Pty Ltd [2017] NSWCCA 96 R v Borkowski [2009] NSWCCA 102 R v McNaughton (2006) 66 NSWLR 566; [2006] NSWCCA 242 R v Thomson; R v Houlton (2000) 49 NSWLR 383; [2000] NSWCCA 309 R v Wilkinson (No 5) [2009] NSWSC 432 R v Youkhana [2004] NSWCCA 412 SafeWork NSW v Menai Civil Contractors Pty Ltd [2025] NSWIC 8 SafeWork NSW v PRW Services Pty Ltd; SafeWork NSW v Peter Whalan [2024] NSWDC 16 Unity Pty Ltd v SafeWork NSW [2018] NSWCCA 266 Veen v The Queen (No 2) (1988) 164 CLR 465; [1988] HCA 14
Category:	Sentence
Parties:	SafeWork NSW (Prosecutor) Bridgeworks (Aust) Pty Ltd (Offender)
Representation:	Counsel: A Sivanathan (Prosecutor) N Read (Offender) Solicitors: SafeWork NSW (Prosecutor) Wotton Kearney (Offender)
File Number(s):	2024/416238
Publication restriction:	Nil