APPLICATION FOR EXTERNAL REVIEW - S229 - WHS ACT 2020

THE WORK HEALTH AND SAFETY TRIBUNAL

PARTIES Borvek Pty Ltd

APPLICANT

-v-

WorkSafe Commissioner

RESPONDENT

CORAM Commissioner T Emmanuel

DATE FRIDAY, 25 July 2025

FILE NO/S WHST 4 OF 2025

CITATION NO. 2025 WAIRC 00441

Result Order issued

Representation

Applicant Mr J Broad (as agent)

Respondent Ms V Burns (of counsel)

Order

WHEREAS this is an application for an external review of a decision;

AND WHEREAS the applicant disputes that the access hatch on the mixing tanks referred to in Improvement Notice 90035724 is used as an access point for workers to enter to clean the tanks;

AND WHEREAS the respondent agrees to resolve the matter as the guarding the subject of Improvement Notice 90035724 has been installed;

AND WHEREAS the applicant and the decision-maker have agreed to resolve the matter on the basis of the amendments to Improvement Notice 90035724 as set out in Annexure A;

AND WHEREAS in accordance with s 229A(6) of the Work Health and Safety Act 2020 (WA), the Work Health and Safety Tribunal (Tribunal) may act under s 229A(5)(a) and vary the decision with the agreement of the applicant and the decision-maker;

AND WHEREAS in the circumstances the Tribunal is satisfied that the following orders should be made;

NOW THEREFORE the Tribunal, pursuant to s 229A(5)(a) and s 229A(6) of the Work Health and Safety Act 2020 (WA), orders, by consent –

1. The internal review decision of the respondent dated 23 May 2025 is varied to vary the Improvement Notice 90035724 in the manner set out in Annexure A to this order.

Commissioner T Emmanuel