SafeWork NSW v S and T Services Pty Ltd

In the case of SafeWork NSW v S and T Services Pty Ltd, the court was presented with a prosecution for breaches of work health and safety laws in relation to an incident where a crane and grillage columns collapsed at a residential construction site. The defendant, S and T Services Pty Ltd, was charged with failing to ensure the safety of workers at the site, which resulted in a risk of death or serious injury. The case was heard in the Industrial Relations Commission of New South Wales.

The primary legal issues before the court were the determination of the appropriate penalty for the defendant’s breaches, taking into account the objective seriousness of the offence, mitigating factors, and the plea of guilty. The court also needed to consider the principles of general and specific deterrence, as well as the capacity of the defendant to pay a fine. Additionally, the court addressed the issue of whether the defendant should be ordered to pay the prosecution's costs.

The court found that the design of the grillage was inadequate to support the intended load of a fully erected tower crane, and that the joints and connection pins were not adequate for the tensile forces that would apply. The court emphasised the gravity of the incident, which could have led to death or serious injury. However, the court accepted the plea of guilty, which resulted in a 25% reduction of the fine. The court ordered a fine of $225,000, half of which was to be paid to the prosecutor, and mandated that the defendant pay the prosecution's costs. The court considered these measures necessary to achieve the objectives of general and specific deterrence, and to reflect the seriousness of the breaches.