SafeWork NSW v Enviro Pallets Pty Ltd [2024] NSWDC 59

SafeWork NSW v Enviro Pallets Pty Ltd [2024] NSWDC 59

Enviro Pallets Pty Ltd failed to comply with its WHS duty by not implementing reasonably practicable safety measures, which resulted in the death of an employee; the penalty is set taking into account objective seriousness, mitigation, aggravation, specific and general deterrence, capacity to pay, and the early guilty plea.

Parties
Prosecutor: SafeWork NSW; Defendant: Enviro Pallets Pty Ltd
Jurisdiction
Australia
Judgment Date
08 March 2024
Procedural Posture
Criminal / Sentencing
Outcome
Conviction and monetary penalty
Legal Topics
Prosecution, Work Health and Safety Duty, Objective Seriousness, Mitigating Factors, Aggravating Factors, Plea of Guilty, General Deterrence, Specific Deterrence, Capacity to Pay, Appropriate Penalty, Prosecution Costs, Pallet Making Machine Incident, Fatal Injury, Risk Assessment, Electrical Isolation, Machine Guarding
Criminal Law Work Health and Safety Prosecution Work Health and Safety Duty Objective Seriousness Mitigating Factors Aggravating Factors Plea of Guilty +10 more

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Parties

SafeWork NSW

Prosecutor

Enviro Pallets Pty Ltd

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Did Enviro Pallets Pty Ltd fail to comply with its work health and safety duty under s 19 of the Work Health and Safety Act 2011 (NSW) and thereby expose an employee to a risk of death or serious injury contrary to s 32 of the Act?
  2. 2 What is the appropriate penalty having regard to the objective seriousness, aggravating and mitigating factors, capacity to pay, and plea of guilty?

Ratio Decidendi

Enviro Pallets Pty Ltd failed to comply with its WHS duty by not implementing reasonably practicable safety measures, which resulted in the death of an employee; the penalty is set taking into account objective seriousness, mitigation, aggravation, specific and general deterrence, capacity to pay, and the early guilty plea.

Court Disposition

Conviction and monetary penalty

Orders

  • Enviro Pallets Pty Ltd is convicted.
  • Order Enviro Pallets Pty Ltd to pay a fine of $300,000.