SafeWork NSW v Evolve Roofing Pty Ltd

The case before the court involved SafeWork NSW prosecuting Evolve Roofing Pty Ltd for an incident in which a worker stepped backwards onto a fragile skylight and fell nine metres to the ground below. The court was tasked with determining the appropriate penalty for the company’s failure to provide a safe working environment, given the worker's serious injuries and the risk of death or serious injury. The primary legal issues included assessing the objective seriousness of the offence, considering the mitigating and aggravating factors, and determining the appropriate fine and costs.

In determining the penalty, the court considered the objective seriousness of the offence, the plea of guilty, and the company's capacity to pay. The court found that the company had failed to take simple and effective precautions to prevent falls from height, which had led to significant carnage in the roofing industry. This failure was compounded by the lack of a safety system in place, which was a clear breach of the company's duty under work health and safety laws. The court also noted that the early plea of guilty and the company's limited capacity to pay were mitigating factors. The court decided to impose a fine of $400,000, reduced by 25% for the early plea, and further reduced to $150,000 due to the company's financial situation.

The court ordered that half of the fine be paid to the prosecutor as per Section 122(2) of the Fines Act 1996 (NSW). Additionally, the court mandated that Evolve Roofing Pty Ltd pay the prosecutor’s costs. This decision not only aimed at punishing the company for its breach but also sought to deter future non-compliance by sending a strong message about the importance of work health and safety. The court's ruling underscored the need for companies to implement effective safety measures to protect their workers and avoid severe penalties.