NK Collins Industries Pty Ltd v President of the Industrial Court of Queensland [2010] QSC 373

The impact of the decision of the High Court in Kirk v Industrial Relations Commission (NSW) (2010) 239 CLR 531 in the context of occupational health and safety prosecutions in Queensland continues to evolve. In NK Collins Industries v Twigg (C/20009/56) the President of the Industrial Court held that the New South Wales occupational health and safety legislation as interpreted by the High Court was different to the occupational health and regime in Queensland so that the application of the principles in Kirk v Industrial Relations Commission (NSW) (2010) 239 CLR 531 may not be directly applicable. The President’s decision was appealed by NK Collins Industries Pty Ltd to the Supreme Court of Queensland for review. In NK Collins Industries Pty Ltd v President of the Industrial Court of Queensland [2010] QSC 373 Boddice J found that the President had committed a jurisdictional error and set aside the President’s decision.