7 Mar 2025A strata owners corporation of commercial premises was recently convicted in the NSW District Court after a damaged heavy gate fell on a worker, resulting in his death.
First conviction of owners corporation for failing to prevent industrial accident
SafeWork NSW, which brought the court action, said it was the first conviction of an owners corporation for failing to take action to prevent an industrial accident and it should be a warning to all strata owners corporations not to neglect workplace safety.
The owners corporation, at an industrial complex in Berkeley, was fined $225,000 for breaching work health and safety laws, plus $40,000 in legal costs. (Please see SafeWork NSW v The Owners – Strata Plan No 93899 [2024] NSWDC 277.)
The strata owners escaped the maximum fine of $1.73 million because they pleaded guilty early, among other things, but they could still be open to being pursued to pay compensation to the victim’s family.
Where there is neglect of workplace safety, or a failure to take preventative action when managers have been alerted to possible dangers to workers, they are open to being pursued to pay compensation for workplace injury or death.
Worker dies after damaged industrial entry gate falls on him
The judge found the strata corporation failed in its legal work health and safety duty in section 20(2) of the NSW Work Health and Safety Act 2011, by not complying with that duty and thereby exposing workers to a risk of death or serious injury, contrary to section 32 of the WHS Act.
A 64-year-old male worker died on 12 June 2020 after an electric industrial entry gate weighing 260kg fell on him when he tried to open it manually. The 8.5-metre-long, two-metre-high gate was damaged on 4 June 2020 when a van ran into it, pushing it off its tracks.
The body corporate gave approval for the gate repairs the next day and a work order was issued to the strata managing agent. But no signs were erected warning it was unsafe, nor did owners take any action to prevent the manual operation of the gate.
The owners only realised they could be liable for breaches of the WHS Act after SafeWork took action against them, but ignorance of the law is no defence.
Employer failed to comply with duty to protect worker’s health and safety
The court found repairs were not treated as a matter of urgency and the worker was killed when the gate fell on him eight days later, as he tried to open it.
The employer of the deceased worker was convicted and fined $375,000 after pleading guilty to one charge of failing to comply with its duty to ensure, so far as reasonably practicable, the health and safety of its workers.
Owners corporations must rectify damaged common property capable of causing injury
Strata owners corporations are legally required to ensure the body corporate takes active steps to rectify any damaged common property that could pose a risk to health or safety.
SafeWork Australia says 23 workers were killed in the workplace in the first three months of 2024. In 2023 there were 173 workplace deaths. Over ten years 1,850 workers died and 1.14 million were injured in the workplace. (Please see Key work health and safety statistics Australia 2023, Safe Work Australia.)
Everyone should expect to come home after a day’s work without injury or tragedy. Workers compensation payments to victims are one way to force employers to keep workplace safety at the forefront of their attention.
For more information please see the articles below.
Data underscores continuing grim reality of work-related fatalities in Australia
Negligent bosses in NSW to face 20 years in jail for industrial manslaughter
