Safework NSW v Emu Group Pty Limited

Safework NSW prosecuted Emu Group Pty Limited for an incident involving a worker who fell through an unprotected void on a construction site. The court was required to determine whether Emu Group Pty Limited had breached its duty under the work health and safety legislation, specifically concerning the risk of death or serious injury. Additionally, the court had to assess the appropriate penalty, considering the objective seriousness of the offence, any mitigating or aggravating factors, the company's plea of guilty, and the objectives of general and specific deterrence. The court also needed to determine whether the prosecutor was entitled to costs.

The court found that Emu Group Pty Limited had failed to ensure the safety of its workers by not properly guarding the unprotected void. It considered the objective seriousness of the offence, the company's early guilty plea, and the need for both general and specific deterrence in arriving at an appropriate penalty. The court ordered a fine of $240,000, reduced by 25% due to the guilty plea, resulting in a total fine of $180,000. It further directed that half of the fine be paid to the prosecutor and ordered Emu Group Pty Limited to pay the prosecutor's costs of $24,000.

Emu Group Pty Limited was convicted on 2 October 2019. The court ordered a fine of $180,000, with 50% of that amount to be paid to the prosecutor, and ordered Emu Group Pty Limited to pay the prosecutor’s costs in the amount of $24,000. The court's decision reflects the importance of workplace safety and the consequences of failing to comply with occupational health and safety legislation.