SafeWork NSW v CNH Management Pty Ltd

In SafeWork NSW v CNH Management Pty Ltd, the dispute involved a prosecution against CNH Management Pty Ltd and its director, Carlos Hadidi, for breaches of work health and safety laws. The case was heard and determined by the Industrial Relations Commission of New South Wales. The charges stemmed from incidents that led to serious injury of a worker, raising issues about the duty of care owed by employers and persons undertaking business under work health and safety legislation.

The court was tasked with deciding the objective seriousness of the offences, considering factors such as the risk of death or serious injury to the worker, and determining appropriate penalties. Sentencing principles included the offenders’ previous criminal records, prospects for rehabilitation, expressions of remorse, and their cooperation with authorities. The court also weighed the capacity of the offenders to pay fines and the need for deterrence and parity in sentencing.

The court found both CNH Management Pty Ltd and Carlos Hadidi guilty. CNH Management Pty Ltd was fined $225,000, with half of this amount to be paid to the prosecutor as per the Fines Act 1996. Carlos Hadidi was fined $20,000, with half of this also payable to the prosecutor. Additionally, both offenders were ordered to pay the prosecutor’s costs of the proceedings. The court emphasised the importance of compliance with work health and safety duties to protect workers and the need for penalties that reflect the seriousness of the breaches.