Safework NSW v Kukas Brothers Pty Limited

Safework NSW brought a prosecution against Kukas Brothers Pty Limited, a company involved in the excavation of land, relating to a breach of work health and safety duties. The incident in question occurred when a worker was required by his supervisor to exit a pit by riding in the bucket of an excavator, leading to the worker being tipped out into the pit. The worker sustained injuries as a result of the incident. The case was heard in the District Court of New South Wales.

The central legal issue was whether the company had fulfilled its duty under the work health and safety legislation to ensure the safety of its workers, given the significant risk of death or serious injury associated with the actions taken. Another key issue was determining the appropriate penalty, considering factors such as the objective seriousness of the offence, the company's plea of guilty, and the need for general and specific deterrence.

The court found that Kukas Brothers Pty Limited had failed to provide a safe system of work, which was a breach of their duty under the legislation. The risk of serious injury or death was significant, and the means of ingress and egress from the pit were inadequate. The court imposed a fine of $160,000, which was reduced by 25% to reflect the company's guilty plea. As a result, the company was ordered to pay a fine of $120,000. The court also ordered that half of this fine be paid to the prosecutor and that the company pay the agreed prosecution costs of $25,000.