In Nicholson v GCMR Project Services Pty Ltd [2024] QDC 58, the District Court dismissed an appeal against the sentence imposed on GCMR Project Services Pty Ltd for failing to comply with workplace health and safety duties in relation to a Category 2 offence under the Work Health and Safety Act 2011 (Qld). The appellant, Nicholson, argued the fine of $30,000 and court costs of $1,601.40 imposed by the Magistrate were manifestly inadequate for the serious safety breaches that led to a worker, Damon Matthews, suffering severe injuries after falling through a skylight during roof work at a Beenleigh abattoir. Despite acknowledging the risk posed by unmarked and unprotected skylights and criticising the company's and workers' negligence, the Magistrate found the risk of falling through the skylights was not properly assessed or mitigated by the company. However, the District Court, while accepting errors in the Magistrate's reasoning about the foreseeability of the risk and the inadequacy of the workers' negligence as a significant factor, ruled the imposed fine fell within the appropriate range considering all circumstances. Therefore, the appeal was dismissed, affirming the original sentence.
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