Safework NSW v Orbit Formwork Pty Limited

Safework NSW initiated proceedings against Orbit Formwork Pty Limited in relation to an incident where a worker fell from a height over an unprotected edge. The nature of the dispute was centred around the obligations under work health and safety laws, specifically concerning the duty of care owed by employers to prevent risks that could cause death or serious injury. The case was heard in the relevant court where the presiding judge had to determine several legal issues, including the assessment of the objective seriousness of the offence, the mitigating and aggravating factors, and the appropriate penalty to be imposed.

The court identified that the offence involved a significant breach of work health and safety laws, which had the potential to cause serious injury or death. The legal issues that the court needed to address included the extent to which the company’s conduct fell short of the required duty of care, the objective seriousness of the incident, and the appropriate penalty considering factors such as the plea of guilty, general deterrence, and specific deterrence. The court also had to determine the costs associated with the prosecution.

In rendering its decision, the court found that the company was guilty of the offence. It assessed the objective seriousness of the offence and took into account the mitigating factors, such as the company’s plea of guilty, and the aggravating factors, such as the potential for serious injury or death. The court decided that a fine of $240,000 was appropriate but reduced it by 25% to reflect the plea of guilty, resulting in a fine of $180,000. Additionally, the court ordered that 50% of the fine be paid to the prosecutor and that the company pay the prosecution's costs as agreed or assessed. The court aimed to ensure both general and specific deterrence through the penalty imposed.