Prosecutions 2006 - WorkSafe Victoria

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1 HEALTH AND SAFETY PROSECUTIONS 2 WORKSAFE VICTORIA / PROSECUTIONS 2006
HEALTH AND SAFETY PROSECUTIONS AAPC PROPERTIES PTY LIMITED (TRADING AS MERCURE HOTEL) Date of offence: 26 September 2004 Date of prosecution: 29 November 2006 at Melbourne Magistrates’ Court Magistrate: Her Honour Magistrate Bacos Plea: Guilty On 26 September 2004 at the Mercure Hotel in Melbourne (operated by AAPC Properties Pty Limited), an employee maintenance electrician fell from a height of 2.5m when alighting from a mezzanine roof onto a wooden step ladder that was inappropriate for the task being performed. The employee sustained a ruptured disc, bruising to his back and a minor cut to his right arm. Breach: Sections 21(1) & (2)(a) and sections 21(1) & (2)(e) of the Occupational Health and Safety Act 1985. Result: Convicted and fined $40,000. ABB SERVICE PTY LIMITED Date of offence: 12 February 2004 Date of prosecution: 21 November 2006 at Moe Magistrates’ Court Magistrate: His Honour Magistrate Alsop Plea: Not guilty On 12 February 2004, an elected health and safety representative (HSR) employed by the WorleyParsons Service Pty Ltd and ABB Services Pty Ltd (as a joint venture) at the Esso Longford Plant was taken off his duties as a crane driver and re-assigned to a trades’ assistant (TA) role. The HSR considered this a demotion, as the role of TA is an unskilled position with a lower classification than the advanced rigger/scaffolder role he had been performing (classification one compared to classification four under section 170LJ of Workplace Relations Act 1996 certified agreement). The job the HSR had been performing was a skilled job of some standing at the worksite. The HSR remained as a HSR at the TA level. Although the employee suffered no loss in his rate of pay, he felt humiliated, victimised and suffered from stress and anxiety. The employee performed the role of TA until his employment was terminated in July 2004 (along with many other employees in the winding down workforce). The defendant argued the HSR was employed, classified and paid at level four and was not demoted, suffered no alteration in pay and was engaged at this rate until employment was terminated. Further, the defendant argued that: the HSR had not been permanently assigned the crane driver’s position; no such position was in the classification structure; and there was provision in the agreement he could be assigned to other duties. Breach: Section 54(1)(a) of the Occupational Health and Safety Act 1985. Result: Charge dismissed. WORKSAFE VICTORIA / PROSECUTIONS 2006 3
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WORKSAFE VICTORIA Advisory Service
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