In May 2024, the respondent, WorkSafe, issued five improvement notices to the applicant, pertaining to airborne contaminants, traffic management, conveyor guarding, forklift loads, and mobile trestle loads. Initially, the compliance date was set for 5 July 2024, which was extended to 26 July 2024 following review.

The applicant sought an external review from the Tribunal and applied for a stay of the notices, arguing that the respondent lacked the authority to issue them. The respondent agreed to the stay but argued that the applicant did not meet the criteria for it.

The Tribunal determined that the stay was essential to preserve the appeal’s integrity since complying with the notices before the appeal was resolved could nullify the proceedings. The applicant had an arguable case, and the balance of convenience favoured granting the stay due to potential costs and risks of immediate compliance.

The Tribunal granted the stay and ordered that the substantive applications be heard together.

The decision can be read here.