SafeWork NSW v Ultra Refrigeration Pty Limited; SafeWork NSW v Romolo Prestia

SafeWork NSW brought proceedings against Ultra Refrigeration Pty Limited and Romolo Prestia, following an incident in which a worker suffered serious injuries. The defendants were charged with breaches of the Occupational Health and Safety Act 2000 (NSW). The primary issues before the court were whether the defendants had a duty to ensure the health and safety of workers, and if they failed in this duty, what the appropriate penalties should be. The court was required to determine whether the defendants knew of the risk, whether the risk was reasonably practicable to mitigate, and the likelihood of the risk materialising. It also had to consider whether the defendants' actions constituted a breach of their duty and, if so, what the appropriate penalties should be.

The court found that Ultra Refrigeration Pty Limited, as the employer, had a duty to provide a safe working environment and ensure the health and safety of its workers. It determined that the risk of injury was reasonably foreseeable and that the defendants were aware of this risk. The court emphasised that the defendants' duty extended to taking reasonable steps to mitigate this risk. Regarding the penalty, the court took into account the utility of the plea, resulting in a 25% reduction in the fines. The court found that the appropriate fine for Ultra Refrigeration Pty Limited was $200,000.00, reduced to $150,000.00, and for Romolo Prestia, the fine was set at $20,000.00, reduced to $15,000.00. The court also ordered that 50% of the fines be paid to the prosecutor and that the defendants pay the agreed costs of $55,000.00.

The court concluded that the defendants were convicted of the charges. It ordered Ultra Refrigeration Pty Limited to pay a fine of $150,000.00 and Romolo Prestia to pay a fine of $15,000.00. The fines were to be reduced by 25% for the early plea. Additionally, 50% of the fines were to be paid to the prosecutor, and the defendants were to pay the agreed costs of $55,000.00. The court's decision highlighted the importance of employers taking reasonable steps to ensure the safety of their workers and the consequences of failing to do so.