SafeWork NSW v Cosentino Australia Pty Limited

SafeWork NSW brought a prosecution against Cosentino Australia Pty Limited in the Local Court of New South Wales concerning alleged breaches of work health and safety obligations. The prosecution was predicated on the contention that Cosentino Australia Pty Limited failed to ensure a safe working environment, specifically in relation to the loading of stone slabs, which resulted in a risk of serious injury or death to employees. Cosentino Australia Pty Limited pleaded not guilty to the charges.

The central legal issues that the court needed to address were whether Cosentino Australia Pty Limited had a duty under the work health and safety legislation to ensure the safety of its employees, and if so, whether there was a failure to comply with that duty that exposed an employee to the risk of serious injury or death. Another significant aspect of the case was the interpretation of statutory language, particularly whether the conjunction "and" in the relevant statute was cumulative or dispersive, which had implications for the scope of the duty owed.

The court found that Cosentino Australia Pty Limited did have a duty to ensure the safety of its employees, which included providing a safe loading system and adequate employee training. The court concluded that there was a failure to comply with this duty, as evidenced by the unsafe loading of stone slabs, which exposed employees to a serious risk of injury or death. The court also determined that the word "and" in the statutory provision was cumulative, thereby expanding the scope of the duty owed by the defendant. Consequently, the court found Cosentino Australia Pty Limited guilty of the offence as charged.

The final orders of the court were to list the matter for a sentence hearing on a date convenient to the parties, confirming that the elements of the offence had been proven beyond reasonable doubt.