ABC Commissioner Leigh Johns welcomed the decision, saying that right of entry for legitimate OHS purposes is an important protection for all building and construction industry participants.
‘OHS is of particular significance in the building and construction industry and workplace rights which provide for the monitoring of safe work conditions are vitally important,’ said Commissioner Johns.
‘All industry participants have a responsibility to ensure they are informed about current workplace laws. Ignorance is not an excuse for unlawfulness’
‘Persons with managerial responsibilities in the industry should note today’s decision, and review their own educative programs to ensure familiarity with current workplace laws.’
Evidence put to the court by Iqon to excuse their unlawful conduct attempted to rely on outdated Government fact sheets. Federal Magistrate Smith noted that the fact sheets were in no way misleading, and were not relevant to the scenario at hand.
‘The publications which were tendered did not contain anything misleading at the time of their publication. They clearly were not directed at explaining State and Territory OH&S requirements.’
FM Smith, paragraph 65.
In delivering the decision Federal Magistrate Smith also noted:
‘These circumstances point to the underlying serious deficiency in Iqon’s conduct of its business which deserves acknowledgement and the imposition of penalties.
‘The managers of Iqon need to appreciate they have a constant duty to be familiar with their company’s current obligations and industrial legislation, particularly OH&S legislation, and to implement that knowledge in appropriate work practices and procedures.’
FM Smith, paragraph 70.
The ABCC successfully appealed an earlier Magistrates Court ruling dismissing its case.
The case was remitted for re-hearing, during which the respondents admitted liability and the case was adjourned for a decision on penalties.