Hancock Prospecting Pty Ltd; Consolidated Pastoral Company Pty Ltd -v- WorkSafe Commissioner
Document Type: Order
Matter Number: OSHT 5/2021
Matter Description: Review of Notice - s.51A - OSH Act
Industry: Agriculture
Jurisdiction: Occupational Safety and Health Tribunal
Member/Magistrate name: Commissioner T Emmanuel
Delivery Date: 15 Mar 2024
Result: Application for costs dismissed
By consent decisions of the WorkSafe Commissioner revoked and improvement notices set aside
Citation: 2024 WAIRC 00104
WAIG Reference:
REVIEW OF NOTICE - S.51A - OSH ACT
THE WORK HEALTH AND SAFETY TRIBUNAL
PARTIES HANCOCK PROSPECTING PTY LTD;
CONSOLIDATED PASTORAL COMPANY PTY LTD
APPLICANTS
-V-
WORKSAFE COMMISSIONER
RESPONDENT
CORAM COMMISSIONER T EMMANUEL
DATE FRIDAY, 15 MARCH 2024
FILE NO/S OSHT 5 OF 2021, OSHT 4 OF 2021
CITATION NO. 2024 WAIRC 00104
Result Application for costs dismissed
By consent decisions of the WorkSafe Commissioner revoked and improvement notices set aside
Representation
APPLICANTS MR D PRATT (OF COUNSEL)
MR A PHILLIPS (OF COUNSEL)
RESPONDENT MR T PONTRÉ (OF COUNSEL)
MR D BLADES (OF COUNSEL)
Order
HAVING heard from Mr D Pratt (of counsel) and Mr A Phillips (of counsel) on behalf of the applicants and Mr T Pontré (of counsel) and Mr D Blades (of counsel) on behalf of the respondent;
NOW THEREFORE the Tribunal, pursuant to the powers conferred by the Occupational Safety and Health Act 1984 (WA), orders –
1. THAT the application for costs is dismissed.
And by consent, orders -
2. THAT the decision of the WorkSafe Commissioner of 30 April 2021 to affirm Improvement Notice no 90014939 is revoked;
3. THAT Improvement Notice no 90014939 is set aside;
4. THAT the decision of the WorkSafe Commissioner of 30 April 2021 to affirm Improvement Notice no 90015070 is revoked;
5. THAT Improvement Notice no 90015070 is set aside.
COMMISSIONER T EMMANUEL
REVIEW OF NOTICE - S.51A - OSH ACT
THE WORK HEALTH AND SAFETY TRIBUNAL
PARTIES Hancock Prospecting Pty Ltd;
Consolidated Pastoral Company Pty Ltd
APPLICANTS
-v-
WorkSafe Commissioner
RESPONDENT
CORAM Commissioner T Emmanuel
DATE FRIday, 15 March 2024
FILE NO/S OSHT 5 OF 2021, OSHT 4 OF 2021
CITATION NO. 2024 WAIRC 00104
Result Application for costs dismissed
By consent decisions of the WorkSafe Commissioner revoked and improvement notices set aside
Representation
Applicants Mr D Pratt (of counsel)
Mr A Phillips (of counsel)
Respondent Mr T Pontré (of counsel)
Mr D Blades (of counsel)
Order
HAVING heard from Mr D Pratt (of counsel) and Mr A Phillips (of counsel) on behalf of the applicants and Mr T Pontré (of counsel) and Mr D Blades (of counsel) on behalf of the respondent;
NOW THEREFORE the Tribunal, pursuant to the powers conferred by the Occupational Safety and Health Act 1984 (WA), orders –
- THAT the application for costs is dismissed.
And by consent, orders -
- THAT the decision of the WorkSafe Commissioner of 30 April 2021 to affirm Improvement Notice no 90014939 is revoked;
- THAT Improvement Notice no 90014939 is set aside;
- THAT the decision of the WorkSafe Commissioner of 30 April 2021 to affirm Improvement Notice no 90015070 is revoked;
- THAT Improvement Notice no 90015070 is set aside.
Commissioner T Emmanuel