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Office of Fair and Safe Work Queensland
Department of Justice and Attorney-General
Home > Corporate Information > Corporate publications > Annual Report 2006-07 > Additional reports > Prosecutions and enforceable undertakings

Prosecutions and enforceable undertakings

Workplace health and safety
Electrical safety
Industrial relations

Workplace health and safety

Prosecutions under the Workplace Health and Safety Act 1995 (PDF, 766 KB) and the Workplace Health and Safety Regulation 1997 from 1 July 2006 to 30 June 2007 resulting in a finding of guilty.

 

Name

Section of Act or Regulation

Fine  $

1

Allied Rubber Products (Qld) Pty Ltd

28(1)

32,000

2

Allied Timber Products Pty Ltd

28(1)

 25,000

3

Allplant Services Pty Ltd

28(1)

28,000

4

Almax Aluminium Pty Ltd

28(1)

27,500

5

Argala Pty Ltd

28(1)

60,000

6

Austraform Pty Ltd

28(1)

10,000

7

Australian Laboratory Services

28(1)

 35,000

8

Balatide Pty Ltd

69D Regs

3,500

9

BBC Hardware

28(3)

 One fine of $35,000 in
relation to two separate
incidents

10

BBC Hardware

28(3)

See above

11

Beneke, David

36(d)

12 months
imprisonment, wholly
suspended for two
years

12

Bondwoods Transport (Aust) Pty Ltd

28(1)

 15,000

13

Boom Logistics (Qld) Pty Ltd

28(1)

30,000

14

Boral Bricks Pty Ltd

28(1)

37,000

15

Bradken Resources Pty Limited 28(3) 42,500

16

Brehmer Bricklaying Pty Ltd 28(1) 30,000

17

Bundaberg Sugar Ltd 28(1) 40,000

18

Burkes Haulage Pty Ltd 28(1) 30,000

19

Cairns Synergy Electrical Pty Ltd 28(1) 38,000 (Fine increased
on Appeal from
$25,000)

20

Campbell Brothers Limited 28(3) 35,000

21

Cook Freeze Pty Ltd 28(1) 10,000

22

D & M Projects (QLD) Pty Ltd 28(1) 32,000

23

Dawson Contractors Pty Ltd 183 Regs 3,000

24

Down Under Dive Pty Ltd 28(3) 7,500

25

DTR Holdings Pty Ltd 28(1) 19,000

26

E.W. Reinforcement Pty Ltd 28(1) 25,000

27

Energex Limited 28(1) 41,000

28

Ergon Energy 28(1) 60,000

29

Everhard Industries Pty Ltd 28(1) 28,000

30

Flewelle Smith, Bernard David 28(1) 6,750

31

Galaxy Plumbing (Qld) Pty Ltd 28(1) 33,000

32

Gold Coast Corporation Pty Ltd 28(1) 22,500

33

H W Contracting Services Pty Ltd 28(1) 23,000

34

Hardchrome Pty Ltd 28(1)

80,000

35

Heat and Control Pty Ltd 28(1)

22,500

36

Heinrich Formwork Pty Ltd 28(3)

11,000

37

Holt Industries Pty Ltd 28(1)

20,000

38

Ikea Pty Limited 28(3)

35,000

39

Incitec Pivot Limited

28(1)

65,000

40

Interior Coverings Pty Ltd 28(3) 35,000

41

Ipswich City Crane Hire Pty Ltd 28(1) 10,000

42

J D Thompson Personnel Pty Ltd 28(1) 37,000

43

Jansen, John Arthur 28(1) 4,700

44

Kaliviotis, Demetrios 167 13,000

45

KC Dunlop Pty Ltd 28(1) 10,000

46

Kilcoy Pastoral Company Limited 29(A)(1) 27,500

47

Kone Elevators Pty Ltd 28(1) 32,000

48

Layright Concreting Pty Ltd 28(3) 20,000

49

Logan Moulders Pty Ltd 28(1) 32,000

50

Mac Farm Services Pty Ltd 28(1) 37,000

51

Macca’s Hardware Pty Ltd 28(1) 28,000

52

McArlein, Damien James 28(1) 6,000

53

McElligott Partners Pty Ltd 28(1) 60,000

54

Mike Ball Dive Expeditions Pty Limited 28(3) 6,500

55

Montgomery, Wayne Douglas 28(1) 2 year good behaviour
bond - recognisance in
the amount of $6,000.

56

Mossman Central Mill Company Limited 28(1) 35,000

57

Northern Shipping & Stevedoring Pty Ltd 28(3) 30,000

58

Oz Autoquip Pty Ltd 28(3) 30,000

59

Pacific Century Production Pty Ltd 28(1) 31,000

60

Philip, Andrew Norman 28(3) 2 year good behaviour
bond - recognisance in
the sum of $10,000

61

Pine Rivers Shire Council 29A 30,000

62

Plant & Transportation Engineering Pty Ltd 28(1) 31,500

63

Powertrans Pty Ltd 28(3) 32,000

64

Price, Desmond 28(1) 6,500

65

Pryme Pty Limited 28(1) 30,000

66

Queensland Alumina Limited 28(3) 60,000

67

Queensland Pre-Stressing Pty Ltd 28(1) 31,000

68

R Johnson Contracting Pty Ltd 28(3) 32,000

69

Rabkal Pty Ltd 28(1) 75,000

70

Rankin, Archibald Menzies 28(1) 15,000

71

Red Rosella Pty Ltd 28(1) 32,000

72

RH & M (No 12) Pty Ltd 28(3) 18,000

73

Rocla Pty Limited 28(1) 50,000

74

Rosenlund, Grant Hedley 28(3) 6,000

75

S & K Car Park Management Pty Ltd 28(1) 32,000

76

Sawtell & Sons Pty Ltd 28(1) 33,000

77

Seymour Whyte Constructions Pty Ltd 28(1) 35,000

78

Skews, Joel Michael 28(1) 4,500

79

Smith Bros Trade & Transport Terminals Pty Limited 28(1) 30,000

80

South Burnett Beef Pty Limited 28(1) 22,500

81

Southern Plains Tenpin Pty Ltd 28(3) 20,000

82

SP Exports Pty Ltd 28(3) 60,000

83

Suncoast Pipelines 28(1) 60,000

84

SunWater 28(1) 32,500

85

Super A-Mart Pty Ltd 28(1) 18,000

86

Swickers Kingaroy Bacon Factory Pty Ltd 28(1) 60,000

87

Swickers Kingaroy Bacon Factory Pty Ltd 28(1) 45,000

88

Tekapa Pty Ltd 28(1) 35,000

89

Temley Pty Ltd 28(1) 50,000

90

The Baptist Union of Queensland 28(1) 33,000

91

TJM Products Pty Ltd 28(1) 43,000

92

TJM Products Pty Ltd 28(1) 40,000

93

Toll North Pty Ltd 28(1) 33,000

94

Trailers 2000 Pty Ltd 28(1) 30,000

95

Transfield Services (Australia) Pty Limited 28(3) $37,500 (Fine increased
on Appeal from
$18,000)

96

Transpacific Industrial Solutions Pty Ltd 28(1) 60,000

97

Trindalls Amusements Pty Ltd 28(3) 35,000

98

Widjara Park Pty Ltd 28(1) 57,500

99

Zenfield Pty Ltd

28(1)

35,000

100

Zupps Mt Gravatt Pty Ltd

28(1)

30,000

Enforceable undertakings

An enforceable undertaking (EU) is one of the enforcement options available to the department to promote compliance with safety laws.

An EU is a legal agreement under which an organisation agrees to carry out specific activities to improve worker health and safety and deliver benefits to industry and the broader community. An enforceable undertaking is an alternative to court action for an alleged breach of the Workplace Health and Safety Act 1995 or the Electrical Safety Act 2002.

Acceptance of an enforceable undertaking is at the discretion of the Director-General of the Department of Employment and Industrial Relations.

Enforceable undertakings accepted from 1 July 2006 to 30 June 2007 under the Workplace Health and Safety Act 1995

Company

$ Value

Benefits to the industry, workers and community beyond rectifying OHS breach at the workplace

1. Woodman McDonald
Hardware Pty Ltd

$198,000
  • Implement a series of third party audits of the OHS management system, consistent with AS/NZ 4801:2001, during the term of this undertaking.
  • Commission research into developing safer timber wall and roof truss rack storage/transport systems.
  • Publish a case study article on the lessons learned from the incident.
  • Engage an OHS consultant/trainer for the duration of the undertaking to review and enhance the company’s OHS policies, job safe practices and risk assessment processes.

2. BG Crane Pty Ltd

$314,663
  • Introduction of Health and Safety Systems – Intranet.
  • Upgrade, implement and further develop the Health and Safety Management System – JSA.
  • Provide specific supervisor leadership training.
  • Conduct an OHS presentation to the Crane Industry Association.
  • Train four supervisors and managers to WHSO standard.
  • Involve BG Crane apprentices in the 2007 World Solar challenge
  • Engage two additional apprentices per year for the next three years to help with maintaining industry standards (cost of training only).
  • Establish a relationship with one or two schools in both the Archerfield and Gold Coast regions and sponsor a safety education program with those schools.
  • Implement a series of third party audits of its OHS Management System.

3. Beetroot Harvesting Management Group (BHMG) Pty Ltd

$39,520
  • Implement a series of third party audits of the OHS Management System.
  • Train workers and supervisors in risk management (hazards and control measures).
  • Provide five employees with the Queensland Ambulance Service First Aid and CPR Course.
  • Share the benefits of this undertaking with other QLD Beetroot Farmers by providing a copy of all the documentation associated with the systems and training associated with this undertaking.
  • Provide 18 places on the Queensland Ambulance Service First Aid and CPR Course for employees of other Beetroot Farmers outside of the BHMG.
  • Engage an OHS consultant to conduct Queensland Workplace Health and Safety legislative compliance assessments on five beetroot farms in the Gatton area, using the consultant’s assessment tool.
  • Deliver a series of three information seminars relating to the lessons learned from the incident and the measures that were taken after the incident to prevent any recurrence.
    Seminars to be held in conjunction with a major rural agricultural show in SE QLD.
  • Engage a third party auditor to undertake six monthly monitoring of the terms of the undertaking with audit reports being provided to the Company and to the GM WHSQ.

4. Queensland Rail

$1,579,500
  • Implement a series of third party audits of the OHS management system, consistent with AS/NZ 4801:2001, during the term of this undertaking.
  • Implement the recommendations resulting from the audits of the OHS management system.
  • QR will install a series of raised platforms in the Mayne Yard and other train stabling yards across the Citytrain Network to assist drivers and other personnel accessing the stabled units, minimising risk of strains associated with the manual task of accessing and egressing stabled trains.
  • QR will contribute to a University research group for the completion of research that is aligned with the QR’s Passenger Services Group Prevention and Management of Trauma
    Strategy.

5. John Holland Pty Ltd

$200,000
  • Develop and implement nationally, a mandatory Permit to Work Policy.
  • Implement a series of OHS Management Systems Audits using AS/NZ 4801:2001.
  • Establish an information service to industry on working safely at height.
  • Conduct a Safety Awareness Colouring Competition in the Mackay-Nebo Area – In conjunction with local schools. Used to produce a Safety Calendar. Schools may distribute calendars free or use to raise funds for school projects.
  • Third party monitoring of the Terms of the Undertaking.

6. Kador Engineering Pty Ltd

$125,815
  • Implement a series of third party audits of the OHS management system, consistent with AS/NZ 4801:2001, during the term of this undertaking.
  • Implement the recommendations resulting from the audits of the OHS management system.
  • Implement a Staff and Workshop Development Program.
  • Acquire new more effective magnetic clamps to replace existing mechanical clamps. Training in use of the new clamps is also proposed.
  • Engage a consultant to investigate material handling and other workplace procedures aimed at minimising the movement of materials.
  • Engage expert speakers to participate in the conduct of a series of workshop conferences aimed at small businesses in the Sumner Park and Carole Park Industrial Complexes.

7. Maleny Fresh Foods
Pty Ltd

$81,000
  • Develop and implement an occupational health and safety (OHS) management system.
  • Implement a series of third party audits of the (OHS) management system, consistent with AS/NZ 4801:2001, during the term of this undertaking.
  • Implement the recommendations resulting from the audits of the OHS management system.
  • Conduct a series of OHS presentations to IGA Group Members throughout Queensland.
  • Engage a consultant to deliver an OHS presentation at the National Conference of IGA Group Supermarkets.
  • Train and maintain an additional Workplace Health and Safety Officer.
  • Fund the purchase of necessary equipment for the Maleny Ambulance Committee.

8. Thor Building Products Pty Ltd

$64,130
  • Develop and implement an occupational health and safety (OHS) management system.
  • Implement a series of third party audits of the (OHS) management system, consistent with AS/NZ 4801:2001, during the term of this undertaking.
  • Implement the recommendations resulting from the audits of the OHS management system.
  • Engage a consultant to implement programs aimed at building a safety culture and raising safety awareness.
  • Engage a consultant to deliver safety presentations to industry seminars during 2007 and 2008.
  • Appoint and train a Workplace Health and Safety Officer.
  • Fund the participation in a Certificate IV Workplace Health and Safety Course for two persons from identified charitable organisations.
  • Establish and maintain an OHS committee.

9. Watpac Australia Pty Ltd

$261,095
  • Implement a series of third party audits of their (OHS) management system, consistent with AS/NZ 4801:2001, during the term of this undertaking.
  • Implement the recommendations resulting from the audits of the OHS management system.
  • Engage a consultant to provide refresher training on anti-collision controls.
  • Train an additional 20 site managers as Workplace Health and Safety Officers so that each Watpac construction site will have two qualified WHSOs on site.
  • Development of a pocket size manual for crane drivers and an industry flyer on anticollisions controls for use in industry.
  • Provide a donation to Royal Brisbane Hospital and a donation to Young care Ltd for the provision of access and egress and ergonomic facilities for residents.
  • Reimbursement of departmental costs.

10. Kador Engineering Pty Ltd

$101,500
  • Fully implement an OHS Management System that conforms to ASNZ 4801:2001
  • Occupational Health and Safety Management Systems – Specification and guidance for use. Note: This element of the undertaking will apply to Kador’s Sherwood premises under the terms of a previous, separate enforceable undertaking.
  • Engage the National Institute of Training to undertake a series of courses to have more than half its permanent workforce (45 workers) achieve a Certificate III in Process Manufacturing.
  • Fund all 150 Apprentices attached to the ‘Smart Employment’ Group to undertake the Frontline Diagnostics Drug Education Course, including the cost of reimbursing the employers of the Apprentices for the downtime involved in undertaking the course.
  • Prepare a “case study” article which will be included in the Peak Body Magazine and which will be distributed to 500 small and medium businesses throughout the Wacol, Carole Park and nearby areas.
  • Reimbursement of departmental costs.
11. Centwest Pty Ltd $64,100
  • Develop and implement an OHS management system consistent with AS/NZ 4804:2001.
  • Engage an OHS consultant to conduct an initial third party audit of the new system within 12 months followed by a further two audits at 12 monthly intervals.
  • Forward all audit reports to the General Manager WHSQ.
    Centwest undertakes to fund, for a period of two (2) years, the NTIS OH&S Unit, “Prepare for Work”, as part of the Rural Vocational Pathways Program for school students. This is approved curriculum.
  • Publish a case study article in the “Safety First” Magazine.
  • Donate a total of $300.00 per month for a period of 36 months commencing in 2007, to the Royal Flying Doctor Service.
  • Participate in Flying Doctors Day in 2007 and 2008 via the selling of promotional merchandise.
  • Monitor the company’s compliance with this undertaking through a series of third party compliance audits, with results reported to General Manager WHSQ.
12. Swift Engineering Pty Ltd $99,105
  • Development and implement an AS/NZ 4801:2001 compliant OHS management system at the workplace including the provision of third party audit reports to the department and the full implementation of the audit recommendations.
  • Provide WH&S Officer training (above compliance) for an additional three employees.
  • Offer WH&S Auditor training to three employees.
  • Offer to fund Senior First Aid training for all employees and their spouses.
  • Provide each employee with two battery powered smoke alarms for use in their homes.
  • Engage a consultant to conduct a ½ day, 50 seat, WH&S seminar on “Injury Sources – The critical Few”.
  • Donate $10,000 for the procurement of 2 X 12 man Rapid Deployment Kits that has been identified by the local Queensland Ambulance Service.
TOTAL $3,128,428  

Prosecutions: Electrical safety

Prosecutions under the Electrical Safety Act 2002 (PDF, 788 KB) from 1 July 2006 to 30 June 2007 resulting in a finding of guilty.

The ESO laid 33 charges against 23 persons for breaches of electrical safety legislation in 2006-07.

 

Name

Section of Act or Regulation

Fine $

1.

A-Air Conditioning Pty Ltd

S55, 56

$8,000

2.

ATMR Services Pty Ltd S27
$22,000

3.

Barclay, G S55(1), 56(1)
$6,000

4.

Bunt, PN S55, 56
$20,000

5.

Downer Electrical Pty Ltd S27
$20,000

6.

Elvey, J S55(1)
$7,500

7.

Energex Limited S27
$35,000

8.

Forman Queensland Pty Ltd S27
$18,000

9.

Falbury Pty Ltd t/a Eastern Tree Services S27
$15,000

10.

Hay Electrical Pty Ltd S27
$20,000

11.

I & C Handley Pty Ltd S56
$5,000

12.

Mastiff Electrical Pty Ltd S209
$5,000

13.

McEwan, J S27, 56, 195
$20,000

14.

Middling, B S55(1), 56(1)
$9,000

15.

Natural Fibre Pty Ltd t/a Cool or Cosy Natural Insulation S27
$18,000

16.

OBS Equipment Pty Limited S27
$15,000

17.

Pope, P S55, 56
$5,000

18.

Queensland Rail S27
$35,000

19.

Rayamp Electrics Pty Ltd S27
$20,000

20.

Rycroft, S

S199
$5,000

21.

Reid, P S57A(2)
$5,000

22.

Taylor, S S55, 56
$5,000

23.

Warner, R S55, 56
$5,500

Prosecutions: Industrial Relations

Prosecutions for an offence finalised during 2006–07 resulting in a finding of guilty.

Industrial Relations Act 1999 (PDF, 1.9 MB)

 

Employer

Section

Result - fines imposed

1

Allsopp, Mark James

138
666

$1,000
$1,500

2

Australian Eagle Finance International Pty Ltd

366
370

$5,000
$600

3

Baker, Jason

666

$1,500

4

Barry Taylor & Partners Customs Brokers Pty Ltd 370 $1,500

5

Bramwell, Christopher John director of Australian Eagle Finance International Pty Ltd 666/673 $2,400

6

Brooks, Paul Henry director of Bronzefield Pty Ltd 666/673 $3,500

7

Centrepoint Health Club Services Pty Ltd 366 $5,000

8

Chandler, Jeffrey Allan director of IT Clear Pty Ltd 666/673 $1,500

9

Colman, Tyson Lee 366
370
406
666
$5,000
$1,500
$2,000
$6,500

10

Cordon Bleu International Pty Ltd 408D $1,000

11

Cudvale Pty Ltd 366/370 $3,000

12

Daki Budtcha Pty Ltd 366 (2 offences)
666 (2 offences)
$5,000
$2,500

13

De Angeli, Walter Arrigo director of Travel Insurance Australia Pty Ltd 666/673 $1,800

14

Denton, Michael William director of Micart Pty Ltd 666/673 $500

15

Dunning, Robert Stuart director of Security Services Qld Pty Ltd 666/673 $1,800

16

Dutta, Shane Christopher 138/666
366/370
$3,000
$6,000

17

Falk, Daniel Mark director of Modright Constructions Pty Ltd 666/673
(2 offences)
$5,000

18

Flanagan, Wade Peter director of Wade Flanagan’s Bricklaying Pty Ltd 666/673 $4,000

19

Gullison, Catherine Marie 366
370
$750
$750

20

Harburg, Peter Victor Francis director of Mustercliff Pty Ltd 666/673 $2,400

21

Hungry Jack’s Pty Ltd 666 $3,000
22 (INCS) School of Computing Pty Ltd 366 $3,000
23 Jockel, Peter Grigor director of Panaga Pty Ltd 666/673 $3,000
24 Kontos, Richard Anthony Stephen director of Print It Australia Pty Ltd 666/673
(2 offences)
$4,800
25 Lyons, Peter 666 $450
26 McAneny, Lisa Kay director of North Brisbane Plant Hire Pty Ltd 666/673
(2 offences)
$1,000
27 McGuire, Daniel Michael director of (INCS) School of Computing Pty Ltd 666/673 $2,400
28 Newport, Craig Ian 366/370 $1,500
29 Norris, Jason 138
366
370
666
(2 offences)
$1,200
$5,000
$600
$2,400
30 Norris, Michael John director of Quarzition Pty Ltd 666/673 $2,400
31 North, Richard Peter director of Real Estate Profiling Pty Ltd 666/673 $2,400
32 Nurmi, Harry Thomas 666
(4 offences)
$8,000
33 O’Connor, Keith Jamieson director of PPI Corporation Pty Ltd 666/673 $2,000
34 Onsite Direct Realty Pty Ltd 666/673 $3,000
35 Orlich, Bernadette Mary 366/370/
406/666
$1,500
36 O’Sullivan, Peter John Ernest director of PJ & SI Enterprises Pty Ltd 666/673 $2,500
37 Panaga Pty Ltd 366
370
$3,000
$1,500
38 Polkinghorne, Roger Bruce 366
406
666
$5,000
$2,000
$6,500
39 Psarros, Andreas Spiros director of Cudvale Pty Ltd 666/673
(2 offences)
$6,000
40 QC1 Pty Ltd 666 $10,000
41 Real Estate Profiling Pty Ltd 366
370
$5,000
$600
42 Rockdream Pty Ltd 666 $500
43 Ryan, Narelle Linda 666 $5,000
44 Ryland, Charles director of Focusink Pty Ltd 666/673 No fine imposed
45 Sands Security and Services Pty Ltd 366 $6,000
46 Schiavo, Mirko Alessio director of Bakeco (Qld) Pty Ltd 666/673
(4 offences)
$7,400
47 Schillings, Eckart Johannes 666 $300
48 Schmidt, Christopher Paul 666
(2 offences)
$2,000
49 Schwennesen, Alfred 370/406/
666
$2,400
50 Sechi, Pasqualina 366 $1,000
51 Security Services (Qld) Pty Ltd 366
370
$4,000
$1,000
52 Serafini, Kim director of Lithos Therapy Pty Ltd 666/673 $3,000
53 South Beach Developments Pty Ltd 366 $1,800
54 Spartacus Distribution Pty Ltd 370
371
$5,000
$5,000
55 Stening, Michael Lachlan director of TLC @ Chevron Island Pty Ltd 666/673 $3,600
56 Taylor, Barry William director of Barry Taylor & Partners Customs Brokers Pty Ltd 666/673 $3,000
57 Travel Insurance Australia Pty Ltd 370 $800
58 Trewin, Kelly Lee-Ann 666 $2,400
59 Watson, Robert Graham director of Commercial Data and Imaging Solutions Pty Ltd 666/673 $2,250
60 White, John Cameron 666 $5,000
61 Wycherley, Cheryll Lea 370
666
$1,500
$2,400

Notes:

Offences against the Industrial Relations Act 1999 (PDF, 1.9 MB) were also addressed by way of the issuing of Infringement Notices, without recourse to formal prosecution action.

Arrears of wages also were recovered by way of orders sought under S278 or S399 of the Industrial Relations Act 1999 (PDF, 1.9 MB) , without recourse to formal prosecution action for an offence.

Last updated 21 July 2009