SafeWork NSW v Easy Fall Guttering Pty Limited

SafeWork NSW prosecuted Easy Fall Guttering Pty Limited, a guttering company, for multiple breaches of the Work Health and Safety Act 2011 (NSW). The charges stemmed from the company’s failure to notify SafeWork of a notifiable incident and their failure to consult, co-operate and co-ordinate activities with other persons who had a duty under section 19(1) of the Act. The case was heard in the Local Court of New South Wales.

The court was required to decide the legal issues surrounding the seriousness of the breaches, the appropriate fines to be imposed for each offence, and whether any mitigating or aggravating factors should be taken into account. The court considered the objective seriousness of the breaches, the company's capacity to pay, and the principles of general and specific deterrence.

In determining the appropriate fines, the court applied the guidelines set out in the relevant legislation and case law. The court found that the company's failure to notify SafeWork of the notifiable incident and their failure to consult, co-operate and co-ordinate activities with other persons were serious breaches of the Act. The court took into account the company's early plea of guilty, which resulted in a 25% reduction in the fines imposed. The court also considered the company's capacity to pay, which was found to be sufficient to enable them to pay the fines imposed.

The court ordered the company to pay a fine of $225,000.00 for the section 19 offence, a fine of $30,000.00 for the section 38 offence, and a fine of $30,000.00 for the section 46 offence. The court also ordered that 50% of the fines imposed be paid to the prosecutor. The court made no order as to costs.