On 22 May 2026 a cabinetry manufacturer was sentenced in the Noosa Magistrates Court for breaching section 32 of the Work Health and Safety Act 2011 (Qld) (‘the Act’). The defendant pleaded guilty having failed to comply with its primary health and safety duty, thereby exposing workers to the risk of death or serious injury.

The defendant operated a cabinetry and furniture manufacturing business from a workshop at Noosaville. On 21 September 2022, a worker was tasked to undertake housekeeping duties throughout the workshop. Several MDF panels used to build cabinetry were leaning against a wall within the workshop. The worker attempted to retrieve a packing sheet from the back of the stack of materials by leaning the heavier panels upright, against his shoulder. He overbalanced and fell backwards, and several panels fell on top of him.

It was determined that he had suffered bilateral undisplaced intra articular acetabular (hip) fractures. He was discharged from hospital on 27 September 2022.

The vertical storage of the MDF sheeting at the workplace was hazardous in that it posed a risk to the health and safety of the workers, namely the possibility of death or serious injury if the MDF sheeting overturned (fell) and struck and/or crushed the workers.

The defendant was sentenced on the basis that it failed to:

• install an adequate physical containment system for the storage of vertically stacked materials, including MDF and other sheeting stored at the workplace;
• prohibit the vertical storage of MDF sheeting and other sheeting outside of a physical containment system;
• implement a safe work procedure for the transportation and storage of MDF and other sheeting within the workplace;
• provide information, training, and instruction to workers in relation to the safe work procedure; and
• provide supervision of workers to ensure compliance with the safe work procedure.

The defendant entered a plea of guilty on 25 March 2026 and the matter proceeded to sentence on 22 May 2026.

In sentencing the defendant, Magistrate Callaghan had regard to the principles set out in Steward v Mac Plant Pty Ltd and Mac Farms Pty Ltd [2018] QDC 20 and noted the need for any penalty to deter and denounce the conduct.

In mitigation, his Honour noted that the defendant was a small family company that was deeply imbedded in the local community. He had regard to the fact that the defendant, through its managing directors, participated in voluntary interviews and made full and frank admissions. His Honour also took into account the defendant’s prior good character, early plea of guilty, and remorse.

His Honour held that the appropriate penalty was a fine of $80,000 and exercised his discretion not to record a conviction.

OWHSP contact: enquiries@owhsp.qld.gov.au