SafeWork NSW v JBS Australia Pty Ltd - [2025] NSWDC 433

District Court

New South Wales

Amendment notes

Medium Neutral Citation: SafeWork NSW v JBS Australia Pty Ltd [2025] NSWDC 433
Hearing dates: 15 October 2025
Date of orders: 29 October 2025
Decision date: 29 October 2025
Jurisdiction: Criminal
Before: Russell SC DCJ
Decision:
(1)   JBS Australia Pty Ltd was convicted on 15 October 2025.
(2)   The appropriate fine is $440,000 but that will be reduced by 25% to reflect the early plea of guilty.
(3)   Order JBS Australia Pty Ltd to pay a fine of $330,000.
(4) Order pursuant to Section 122(2) of the Fines Act 1996 (NSW) that 50% of the fine is to be paid to the prosecutor.
(5)   Order JBS Australia Pty Ltd to pay the prosecutor’s costs agreed in the amount of $44,242.31.

Catchwords:
CRIMINAL LAW – prosecution – work health and safety – duty of persons undertaking business – risk of death or serious injury
SENTENCE – objective seriousness – mitigating factors – aggravating factors – plea of guilty – general deterrence – specific deterrence – capacity to pay appropriate penalty
COSTS – prosecution costs
OTHER – worker struck by forklift – worker on foot using forklift door – failure to enforce forklift door being in “automatic” mode – failure to enforce personnel door as the only means for workers on foot to enter – failure to provide adequate supervision – failure to undertake inspections and audits to verify adequate controls of the risk were implemented

Legislation Cited:
Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 21A, 22, 26, 27, 28, 30A, 30B, 30D, 30E
Fines Act 1996 (NSW), ss 6, 122
Work Health and Safety Act 2011 (NSW), ss 3, 19, 32
Work Health and Safety Regulation 2017 (NSW), cll 34, 35, 37, 38, 39, 214, 215

Cases Cited:
Baumer v R [1988] HCA 67; (1988) 166 CLR 51
Bulga Underground Operations Pty Limited v Nash [2016] NSWCCA 37; (2016) 93 NSWLR 338
BW v R [2011] NSWCCA 176
Capral Aluminium Limited v WorkCover Authority of New South Wales [2000] NSWIRComm 71; (2000) 49 NSWLR 610
Mahdi Jahandideh v The Queen [2014] NSWCCA 178
Muldrock v The Queen [2011] HCA 39; (2011) 244 CLR 120
Nash v Silver City Drilling (NSW) Pty Limited; Attorney General for NSW v Silver City Drilling (NSW) Pty Limited [2017] NSWCCA 96
R v McNaughton [2006] NSWCCA 242; (2006) 66 NSWLR 566
R v Wilkinson (No. 5) [2009] NSWSC 432
Unity Pty Limited v SafeWork NSW [2018] NSWCCA 266
Veen v The Queen (No. 2) [1988] HCA 14; (1988) 164 CLR 465
SafeWork NSW v JBS Australia Pty Ltd [2020] NSWDC 678
SafeWork NSW v JBS Australia Pty Ltd(No 4) [2023] NSWDC 473
R v McNaughton (2006) 66 NSWLR 566 at [26]
SafeWork NSW v Deicorp Pty Ltd [2022] NSWDC 194 at [104]

Texts Cited:
Australian Standard AS 2359.2-2013 Powered industrial trucks - Part 2: Operations
Safe Work Australia, General Guide for Workplace Traffic Management, July 2014
Safe Work Australia, Traffic…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2025] NSWDC 433
Decision Date: 29 October 2025

CaseChat Overview and Summary

SafeWork NSW prosecuted JBS Australia Pty Ltd for breaches of work health and safety legislation following an incident where a worker was struck by a forklift at the company's meat processing facility. The incident occurred when the worker, who was on foot, used the forklift door to enter the area. This was contrary to the safety protocol requiring the forklift door to be in "automatic" mode. The company was also found to have failed in its duty to enforce the use of a personnel door as the only means for workers on foot to enter the area, provide adequate supervision, and undertake inspections and audits to verify adequate risk controls were implemented. The case was heard in the Local Court of New South Wales.

The primary legal issue was whether JBS Australia Pty Ltd breached its duty under the relevant work health and safety legislation by failing to implement adequate controls to prevent the risk of death or serious injury. The court also had to consider the appropriate penalty to impose, taking into account the objective seriousness of the offence, any mitigating or aggravating factors, the plea of guilty, and the principles of general and specific deterrence. Furthermore, the court considered whether the company had the capacity to pay an appropriate penalty.

The court found that JBS Australia Pty Ltd was in breach of its duty and convicted the company on 15 October 2025. The court assessed the appropriate fine at $440,000 but reduced this amount by 25% due to the early plea of guilty. The court determined that the incident's objective seriousness warranted a substantial penalty to ensure general and specific deterrence, given the potential for severe injury or death. The court ordered JBS Australia Pty Ltd to pay a fine of $330,000, with 50% of the fine to be paid to the prosecutor. Additionally, the company was ordered to pay the prosecutor’s costs amounting to $44,242.31.

JBS Australia Pty Ltd was convicted on the aforementioned date, and the court ordered a fine of $330,000, with 50% of that amount to be paid to the prosecutor. The company was also ordered to pay the prosecutor's costs in the amount of $44,242.31.

Orders

Orders of the court

(1) JBS Australia Pty Ltd was convicted on 15 October 2025.

(2) The appropriate fine is $440,000 but that will be reduced by 25% to reflect the early plea of guilty.

(3) Order JBS Australia Pty Ltd to pay a fine of $330,000.

(4) Order pursuant to Section 122(2) of the Fines Act 1996 (NSW) that 50% of the fine is to be paid to the prosecutor.

(5) Order JBS Australia Pty Ltd to pay the prosecutor’s costs agreed in the amount of $44,242.31.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Medium Neutral Citation:	SafeWork NSW v JBS Australia Pty Ltd [2025] NSWDC 433
Hearing dates:	15 October 2025
Date of orders:	29 October 2025
Decision date:	29 October 2025
Jurisdiction:	Criminal
Before:	Russell SC DCJ
Decision:	(1) JBS Australia Pty Ltd was convicted on 15 October 2025. (2) The appropriate fine is $440,000 but that will be reduced by 25% to reflect the early plea of guilty. (3) Order JBS Australia Pty Ltd to pay a fine of $330,000. (4) Order pursuant to Section 122(2) of the Fines Act 1996 (NSW) that 50% of the fine is to be paid to the prosecutor. (5) Order JBS Australia Pty Ltd to pay the prosecutor’s costs agreed in the amount of $44,242.31.
Catchwords:	CRIMINAL LAW – prosecution – work health and safety – duty of persons undertaking business – risk of death or serious injury SENTENCE – objective seriousness – mitigating factors – aggravating factors – plea of guilty – general deterrence – specific deterrence – capacity to pay appropriate penalty COSTS – prosecution costs OTHER – worker struck by forklift – worker on foot using forklift door – failure to enforce forklift door being in “automatic” mode – failure to enforce personnel door as the only means for workers on foot to enter – failure to provide adequate supervision – failure to undertake inspections and audits to verify adequate controls of the risk were implemented
Legislation Cited:	Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 21A, 22, 26, 27, 28, 30A, 30B, 30D, 30E Fines Act 1996 (NSW), ss 6, 122 Work Health and Safety Act 2011 (NSW), ss 3, 19, 32 Work Health and Safety Regulation 2017 (NSW), cll 34, 35, 37, 38, 39, 214, 215
Cases Cited:	Baumer v R [1988] HCA 67; (1988) 166 CLR 51 Bulga Underground Operations Pty Limited v Nash [2016] NSWCCA 37; (2016) 93 NSWLR 338 BW v R [2011] NSWCCA 176 Capral Aluminium Limited v WorkCover Authority of New South Wales [2000] NSWIRComm 71; (2000) 49 NSWLR 610 Mahdi Jahandideh v The Queen [2014] NSWCCA 178 Muldrock v The Queen [2011] HCA 39; (2011) 244 CLR 120 Nash v Silver City Drilling (NSW) Pty Limited; Attorney General for NSW v Silver City Drilling (NSW) Pty Limited [2017] NSWCCA 96 R v McNaughton [2006] NSWCCA 242; (2006) 66 NSWLR 566 R v Wilkinson (No. 5) [2009] NSWSC 432 Unity Pty Limited v SafeWork NSW [2018] NSWCCA 266 Veen v The Queen (No. 2) [1988] HCA 14; (1988) 164 CLR 465 SafeWork NSW v JBS Australia Pty Ltd [2020] NSWDC 678 SafeWork NSW v JBS Australia Pty Ltd(No 4) [2023] NSWDC 473 R v McNaughton (2006) 66 NSWLR 566 at [26] SafeWork NSW v Deicorp Pty Ltd [2022] NSWDC 194 at [104]
Texts Cited:	Australian Standard AS 2359.2-2013 Powered industrial trucks - Part 2: Operations Safe Work Australia, General Guide for Workplace Traffic Management, July 2014 Safe Work Australia, Traffic…