SafeWork NSW v JBS Australia Pty Ltd

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.