Industrial law : Abigroup Contractors Pty Ltd v Newman [2008] QIC 61

INTRODUCTION: In Abigroup Contractors Pty Ltd v Newman [2008] QIC 61, Abigroup Contractors Pty Ltd (Abigroup) was appealing against the Industrial Magistrate's decision to find it guilty of breaching its workplace health and safety obligation imposed by s 28(1) of the Workplace Health and Safety Act 1995 (the Act). Abigroup argued that the Acting Industrial Magistrate had erred in finding that the workplace health and safety obligation had been breached as Abigroup had brought itself within the defences provided by s 37 of the Act. In addition to the appeal against liability, Abigroup was also appealing against the quantum of the fine imposed by the Acting Industrial Magistrate. In dismissing both appeals, President Hall in his decision, canvassed several important issues regarding prosecutions under the Act. Those issues include clarification as to the interpretation of the s 37 defences, the effect of contractual provisions in mitigating liability and when a conviction should be recorded against a corporate defendant.