Australia's first industrial manslaughter conviction

The incident that led to the convictions took place in May 2019, when Brisbane Auto Recycling Pty Limited casual contractor Barry Willis was struck by a forklift while securing a load on a truck.

The company and the directors understood the risks posed by the interaction between forklifts and pedestrians; however, failed to take steps to manage the apparent risk that this posed.

They made the situation worse by lying about the circumstances, blaming the injured worker and lying about the identity of the forklift driver – as the driver that was driving the fork at the time of the incident was not licenced.

All in all, this is a horrible tragedy that has resulted in an entirely avoidable fatality. It is a lesson in how not to manage safety risks or manage a major incident.

The court ended up suspending the goal sentence of the Directors who are both refugees and faced potential deportation back to Afghanistan if they were to go to gaol.

More detail on the convictions is available in this report from the Victorian Chamber of Commerce.

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