SafeWork NSW v Multiquip Poultry Pty Ltd [2025] NSWDC 15

SafeWork NSW v Multiquip Poultry Pty Ltd [2025] NSWDC 15

Both companies breached their duty to ensure worker safety under the Work Health and Safety Act 2011 by failing to adequately separate workers and mobile plant, resulting in the death of Nathan Gutterson. The offences are objectively serious with aggravating features including substantial harm and the risk of death. Mitigating factors include remorse, absence of prior convictions, early guilty plea, co-operation, and steps taken towards rehabilitation. Appropriate penalties are fines of $300,000 for each defendant, reflecting a 25% discount for the plea.

Parties
Prosecutor: SafeWork NSW; Defendant: Multiquip Poultry Pty Ltd; Defendant: Poultry Enterprises NSW Pty Ltd
Jurisdiction
Australia
Judgment Date
12 February 2025
Procedural Posture
Criminal / Sentence
Outcome
Both Multiquip Poultry Pty Ltd and Poultry Enterprises NSW Pty Ltd convicted; fines imposed; prosecutor's costs awarded.
Legal Topics
Prosecution, Duty of Persons Undertaking Business, Duty of Employers, Risk of Death or Serious Injury, Death of Worker, Sentencing, Objective Seriousness, Deterrence, Aggravating Factors, Mitigating Factors, Appropriate Penalty, Sentencing Principles, Previous Convictions, Rehabilitation, Remorse, Plea of Guilty, Assistance to Law Enforcement Authorities
Criminal Law Work Health and Safety Law Prosecution Duty of Persons Undertaking Business Duty of Employers Risk of Death or Serious Injury Death of Worker Sentencing +11 more

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Parties

SafeWork NSW

Prosecutor

Multiquip Poultry Pty Ltd

Defendant

Poultry Enterprises NSW Pty Ltd

Defendant

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Whether Multiquip Poultry Pty Ltd and Poultry Enterprises NSW Pty Ltd failed to ensure the health and safety of workers and exposed Nathan Gutterson to risk of death or serious injury; appropriate penalty for the offence under s 32 of the Work Health and Safety Act 2011 (NSW)

Ratio Decidendi

Both companies breached their duty to ensure worker safety under the Work Health and Safety Act 2011 by failing to adequately separate workers and mobile plant, resulting in the death of Nathan Gutterson. The offences are objectively serious with aggravating features including substantial harm and the risk of death. Mitigating factors include remorse, absence of prior convictions, early guilty plea, co-operation, and steps taken towards rehabilitation. Appropriate penalties are fines of $300,000 for each defendant, reflecting a 25% discount for the plea.

Court Disposition

Both Multiquip Poultry Pty Ltd and Poultry Enterprises NSW Pty Ltd convicted; fines imposed; prosecutor's costs awarded.

Orders

  • Multiquip Poultry Pty Ltd is convicted.
  • I impose a fine of $300,000 on Multiquip Poultry Pty Ltd.