WorkCover v Everwilling Cranes Pty Ltd

WorkCover brought a prosecution against Everwilling Cranes Pty Ltd in relation to a workplace incident that resulted in a worker being struck by concrete panels. The defendant, a provider of mobile cranes, had a general manager who attended the site and prepared a safe work statement in conjunction with two other sub-contractors. However, the worker was injured when an auxiliary hoist was overloaded. The court had to determine whether the defendant was guilty of an offence under the relevant legislation and if so, what penalty was appropriate. Additionally, the court considered the costs associated with the prosecution.

The primary legal issue was whether Everwilling Cranes Pty Ltd was responsible for the health and safety of the worker, who was not directly employed by the company. The court needed to assess the adequacy of the safe work statement and the defendant's compliance with work health and safety laws. The court also considered the objective seriousness of the incident, the need for specific and general deterrence, and the appropriate penalty for the offence. Furthermore, the court had to determine the costs to be borne by the defendant.

The court found Everwilling Cranes Pty Ltd guilty of the offence and imposed a fine of $90,000. The court determined that the incident was serious and required a penalty that would serve as both specific and general deterrence. The fine was substantial, reflecting the severity of the breach and the need to protect workers' health and safety. WorkCover was to receive half of the fine, while the defendant was ordered to pay the Prosecutor's costs amounting to $25,000. The court's decision emphasised the importance of compliance with work health and safety laws and the potential consequences for non-compliance.

The final orders of the court were that Everwilling Cranes Pty Ltd was convicted and fined $90,000, with WorkCover receiving half of the fine. The defendant was also ordered to pay the Prosecutor's costs in the sum of $25,000. This outcome underscored the court's commitment to enforcing work health and safety laws and ensuring that companies take their responsibilities seriously.