JBS Australia Pty Ltd v SafeWork NSW [2024] NSWCCA 209

JBS Australia Pty Ltd v SafeWork NSW [2024] NSWCCA 209

The appeal was dismissed because no error was established in the trial judge’s findings that the appellant failed to undertake a risk assessment, develop and implement safe work procedures, and adequately train workers, all of which were reasonably practicable steps, and that these failures significantly exposed the...

Source-derived case information.

Parties
Appellant: JBS Australia Pty Ltd; Respondent: SafeWork NSW
Jurisdiction
Australia
Judgment Date
13 November 2024
Procedural Posture
Criminal Appeal / Judgment on Appeal From District Court Conviction and Sentence
Outcome
Appeal dismissed
Legal Topics
Summary Jurisdiction, Nature of Appeal, Work Health and Safety, Risk Assessment, Safe Work Procedures, Training and Instruction, Causation, Payment of Fine Moiety
Crime Employment and Industrial Law Summary Jurisdiction Nature of Appeal Work Health and Safety Risk Assessment Safe Work Procedures Training and Instruction +2 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 23 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

JBS Australia Pty Ltd

Appellant

SafeWork NSW

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal From District Court Conviction and Sentence

Legal Issues

  1. 1 Whether the trial judge erred in fact-finding regarding training and risk
  2. 2 Whether there was a breach of health and safety duty under s 19 Work Health and Safety Act 2011 (NSW)
  3. 3 Whether adequate risk assessment and safe work procedures were in place

Ratio Decidendi

The appeal was dismissed because no error was established in the trial judge’s findings that the appellant failed to undertake a risk assessment, develop and implement safe work procedures, and adequately train workers, all of which were reasonably practicable steps, and that these failures significantly exposed the worker to risk. The order to pay a moiety of the fine to the prosecutor was a proper exercise of discretion.

Court Disposition

Appeal dismissed

Orders

  • Dismiss the appeal from the judgment and orders made in the District Court on 19 September 2023 and 8 November 2023.
  • Order that the appellant pay the respondent's costs in this Court.